FEDERAL DISTRICT ARCHIVE
Eastern District of Virginia
Press releases recorded for this federal judicial district.
Man Sentenced to Prison for Gun Trafficking ConspiracyRead the Press Release
ALEXANDRIA, Va. – A Maryland man was sentenced today to over one year in prison for his role in a conspiracy to straw purchase 31 firearms.
“Emmanuel Ndjongo illegally straw-purchased 31 firearms,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Only two of those firearms have been recovered, and the whereabouts of the remaining 29 firearms are unknown. Ndjongo’s conduct is the quintessential definition of firearms trafficking, and is precisely the type of criminal conduct we are pursuing with Project Guardian-DMV. It should be abundantly clear now to all: If you straw purchase firearms in the Eastern District of Virginia, you will be subject to felony prosecution. I want to commend the tremendous work of our investigative partners at ATF for their outstanding efforts on this important case.”
According to court documents, Ndjongo, 22, of Bowie, Maryland, and his then-girlfriend, Alexus Jordon, 23, of Alexandria, conspired to straw purchase 31 firearms from Federal Firearm Licensees (FFLs) in Virginia. Jordon purchased six of the firearms at FFLs in Virginia. Ndjongo used Jordon’s name to order the remaining firearms online from an FFL located in North Carolina, and had these firearms shipped to various FFLs in Virginia.
“Straw purchasing is a favored practice among criminals to illegally move firearms from a seemingly legitimate purchaser to individuals who use these weapons in the commission of violent crimes. Today’s sentencing affirms that there will consequences when lawbreakers engage in this behavior,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “ATF and our law enforcement partners will aggressively pursue those who engage in criminal straw purchasing and we applaud U.S. Attorney Terwilliger for his continued efforts to curb firearm violence in the Eastern District of Virginia.”
Once the firearms arrived in Virginia, Jordon picked up the firearms and gave them to Ndjongo, who sought to sell the firearms to other individuals. Local law enforcement in Washington, D.C. and Prince George’s County, Maryland have recovered two of the firearms unlawfully purchased during this conspiracy, both of which had altered or destroyed serial numbers.
Jordon was previously sentenced for her role in this straw purchasing conspiracy.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge T.S. Ellis, III. Assistant U.S. Attorneys Nicholas U. Murphy II and Philip Alito prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-343.
Man Sentenced to Prison for Child Exploitation CrimesRead the Press Release
ALEXANDRIA, Va. – A man with citizenship in Lebanon and the United States was sentenced today to 10 years in prison for child exploitation offenses.
According to court documents, George A. Nader, 61, admitted that he arranged to transport a 14-year-old boy from Europe to Dulles International Airport for purposes of illegal sexual conduct in early 2000. Nader had met the boy in Prague, Czech Republic, and later brought him to his residence in Washington, D.C. Nader also admitted that, in September 2012, he possessed or accessed with intent to view video images of child sexual abuse while he was in New York.
Nader had previously been convicted of transporting child pornography into the Eastern District of Virginia in 1991.
In addition to his prison sentence, Nader was ordered to pay a fine of $25,000, and $150,000 in restitution to a minor victim.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorney Jay V. Prabhu prosecuted the case. Additional assistance was provided by Special Assistant U.S. Attorney Melissa L. Chong, Assistant U.S. Attorney Daniel Young, and former Assistant U.S. Attorney Laura Fong.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
This case was investigated by the FBI’s Washington Field Office’s Child Exploitation and Human Trafficking Task Force, composed of FBI agents and local, state, and federal partners.
The United States Attorney’s Offices for the Eastern District of New York, the District of Columbia, and the Northern District of California provided valuable assistance to the investigation, as did the Czech National Police, the Pacific Grove Police Department in California, and the FBI’s San Francisco and New York Field Offices.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-201.
North Carolina Based Cartel Manager Pleads Guilty to Heroin and Methamphetamine Trafficking ConspiracyRead the Press Release
NORFOLK, Va. – A High Point, North Carolina woman pleaded guilty today to her role in an international drug-trafficking organization.
According to court documents, Vanessa Garcia, 34, was the manager of a Mexican-based drug cartel’s North Carolina distribution point for heroin and methamphetamine. She maintained a drug premises in High Point, where she stored wholesale amounts of drugs and recruited and supervised co-conspirators who trafficked the drugs and drug proceeds to communities outside the state, including to Hampton Roads. Three of her co-conspirators were arrested in Virginia Beach in possession of roughly one kilogram of heroin and one kilogram of methamphetamine, which they had transported from Garcia’s stash house at her direction. Garcia was arrested late last year in Detroit with 700 grams of heroin in her possession. After pleading guilty and being sentenced there, she was transferred to federal custody here to face this conspiracy charge.
Garcia pleaded guilty to conspiring to distribute and possess with intent to distribute one kilogram or more of heroin and 50 grams or more of methamphetamine. Garcia faces a mandatory minimum penalty of ten years and a maximum of life in prison when sentenced on Oct. 26, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF), Operation Fallen Angel. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking, weapons trafficking, and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; and Anthony F. Zucaro, Jr., Interim Chief of Virginia Beach Police, made the announcement after Senior U.S. District Judge Robert G. Doumar accepted the plea. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-22.
WikiLeaks Founder Charged in Superseding IndictmentRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned a second superseding indictment today charging Julian P. Assange, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.
The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged. According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.
Since the early days of WikiLeaks, Assange has spoken at hacking conferences to tout his own history as a “famous teenage hacker in Australia” and to encourage others to hack to obtain information for WikiLeaks. In 2009, for instance, Assange told the Hacking At Random conference that WikiLeaks had obtained nonpublic documents from the Congressional Research Service by exploiting “a small vulnerability” inside the document distribution system of the United States Congress, and then asserted that “[t]his is what any one of you would find if you were actually looking.”
In 2010, Assange gained unauthorized access to a government computer system of a NATO country. In 2012, Assange communicated directly with a leader of the hacking group LulzSec (who by then was cooperating with the FBI), and provided a list of targets for LulzSec to hack. With respect to one target, Assange asked the LulzSec leader to look for (and provide to WikiLeaks) mail and documents, databases and pdfs. In another communication, Assange told the LulzSec leader that the most impactful release of hacked materials would be from the CIA, NSA, or the New York Times. WikiLeaks obtained and published emails from a data breach committed against an American intelligence consulting company by an “Anonymous” and LulzSec-affiliated hacker. According to that hacker, Assange indirectly asked him to spam that victim company again.
In addition, the broadened hacking conspiracy continues to allege that Assange conspired with Army Intelligence Analyst Chelsea Manning to crack a password hash to a classified U.S. Department of Defense computer.
An indictment contains allegations that a defendant has committed a crime. Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, John C. Demers, Assistant Attorney General for National Security, and Stacey R. Moy, Special Agent in Charge of the FBI's Washington Field Office Counterintelligence Division, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler, Alexander P. Berrang, and Gordon D. Kromberg, and Trial Attorneys Adam L. Small and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.
Assange is currently detained in the United Kingdom on an extradition request from the United States. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs and UK authorities, including the Home Office and the Crown Prosecution Service for England and Wales.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:18-cr-111.
WikiLeaks Founder Charged in Superseding IndictmentRead the Press Release
A federal grand jury returned a second superseding indictment today charging Julian P. Assange, the founder of WikiLeaks, with offenses that relate to Assange’s alleged role in one of the largest compromises of classified information in the history of the United States.
The new indictment does not add additional counts to the prior 18-count superseding indictment returned against Assange in May 2019. It does, however, broaden the scope of the conspiracy surrounding alleged computer intrusions with which Assange was previously charged. According to the charging document, Assange and others at WikiLeaks recruited and agreed with hackers to commit computer intrusions to benefit WikiLeaks.
Since the early days of WikiLeaks, Assange has spoken at hacking conferences to tout his own history as a “famous teenage hacker in Australia” and to encourage others to hack to obtain information for WikiLeaks. In 2009, for instance, Assange told the Hacking At Random conference that WikiLeaks had obtained nonpublic documents from the Congressional Research Service by exploiting “a small vulnerability” inside the document distribution system of the United States Congress, and then asserted that “[t]his is what any one of you would find if you were actually looking.”
In 2010, Assange gained unauthorized access to a government computer system of a NATO country. In 2012, Assange communicated directly with a leader of the hacking group LulzSec (who by then was cooperating with the FBI), and provided a list of targets for LulzSec to hack. With respect to one target, Assange asked the LulzSec leader to look for (and provide to WikiLeaks) mail and documents, databases and pdfs. In another communication, Assange told the LulzSec leader that the most impactful release of hacked materials would be from the CIA, NSA, or the New York Times. WikiLeaks obtained and published emails from a data breach committed against an American intelligence consulting company by an “Anonymous” and LulzSec-affiliated hacker. According to that hacker, Assange indirectly asked him to spam that victim company again.
In addition, the broadened hacking conspiracy continues to allege that Assange conspired with Army Intelligence Analyst Chelsea Manning to crack a password hash to a classified U.S. Department of Defense computer.
An indictment contains allegations that a defendant has committed a crime. Assange is presumed innocent unless and until proven guilty beyond a reasonable doubt. If convicted, he faces a maximum penalty of 10 years in prison on each count except for conspiracy to commit computer intrusion, for which he faces a maximum penalty of five years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
John C. Demers, Assistant Attorney General for National Security, G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement. First Assistant U.S. Attorney Tracy Doherty-McCormick, Assistant U.S. Attorneys Kellen S. Dwyer, Thomas W. Traxler, Alexander P. Berrang, and Gordon D. Kromberg, and Trial Attorneys Adam L. Small and Nicholas O. Hunter of the Justice Department’s National Security Division are prosecuting the case.
Assange is currently detained in the United Kingdom on an extradition request from the United States. Assange’s extradition to the United States is being handled by the Department of Justice’s Office of International Affairs and UK authorities, including the Home Office and the Crown Prosecution Service for England and Wales.
Virginia Married Couple Arrested for COVID-Relief Loan FraudRead the Press Release
ALEXANDRIA, Va. – An Ashburn woman made her initial appearance in federal court this afternoon for conspiracy to commit wire fraud after allegedly submitting false loan applications in connection with the COVID-19 outbreak that resulted in the disbursement of over $1.4 million in proceeds under the Paycheck Protection Program (“PPP”).
Monica Magdalena Jaworska, 43, and her husband and co-defendant, Tarik Jaafar, 42, were arrested at John F. Kennedy International Airport on June 20, 2020, as they were attempting to flee to Poland. According to court documents, between April and May 2020, Jaworska and Jaafar submitted eighteen PPP loan applications containing materially false statements to twelve financial institutions in the names of four business entities. Relief provided by the CARES Act authorized up to $349 billion in forgivable loans to small businesses for job retention and certain permissible expenses, including payroll costs, rent, and utilities. The applications submitted by Jaworska and Jaafar allegedly were false because they claimed certain payroll tax returns were filed with the Internal Revenue Service (IRS) for each of the four businesses, when they were not in fact filed with the IRS.
As a result of the false statements, three financial institutions disbursed four loans totaling $1,438,500. While some of the funds were subsequently frozen, Jaafar was able to withdraw at least $30,000 in cash.
If convicted, Jaworska and Jaafar each face a maximum penalty of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov. Members of the public in the Eastern District of Virginia are also encouraged to call 804-819-5416, or email USAVAE.COVID19@USDOJ.GOV to reach their local Coronavirus Fraud Coordinator.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge of the Criminal Division for the FBI’s Washington Field Office; and Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA), made the announcement. Assistant U.S. Attorneys William Fitzpatrick and Kimberly Shartar are prosecuting the case.
Agents from the FBI’s John F. Kennedy International Airport Resident Agency, which included agents from U.S. Customs and Border Protection, assisted in the arrest.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-mj-167.
A criminal complaint is merely an accusation. The defendants are presumed innocent until proven guilty.
Tennessee Man Sentenced for Traveling to Virginia to Sexually Abuse MinorsRead the Press Release
RICHMOND, Va. – A Tennessee man was sentenced today to 16 years in prison for traveling from Tennessee to Henrico County in order to meet up with and sexually abuse two minor children.
According to court documents, Thomas Monti, 73, of Murfreesboro, used the moniker “Master Thorn” to reach out online to an undercover FBI agent posing as an adult with access to two minor children. Monti detailed his interest in engaging in sexual acts with the children, to include graphic and violent sadomasochistic conduct. The explicit chats continued for approximately two months until October 2019, when Monti made the 10-hour trip from Tennessee to Virginia to meet the purported woman and the children in Henrico County. His intent was to live with the woman and the children for a time in order to engage in various forms of sexual abuse.
Upon arriving at a restaurant in Henrico County on the afternoon of October 3, agents with the FBI Child Exploitation Task Force arrested Monti. In his car were handcuffs, plastic ties, chains, metal skewers, ball gags, various sex toys, and candy.
Monti previously worked as a teacher since 1972 and served as an assistant principal from 1996 to 2007 in the Nashville, Tennessee area.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Special Assistant U.S. Attorney Samuel E. Fishel prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-154.
Former Music Teacher Guilty of Producing Images of Child Sexual AbuseRead the Press Release
RICHMOND, Va. – A former Richmond City Public Schools elementary music teacher pleaded guilty today to producing images of child sexual abuse.
According to court documents, Kellen Thomas Donelson, 32, came to the attention of law enforcement in 2019 for uploading multiple images of child pornography via Snapchat and Kik Messenger. During a court-authorized search of his home and electronic devices in December 2019, law enforcement discovered additional images and videos of child sexual abuse.
According to the statement of facts, Donelson admitted that he produced several images and videos of child pornography using his personal cell phone, including with a victim as young as 4 years old.
Donelson was arrested on Dec. 5, 2019. At the time of his arrest, he was employed as an elementary school music teacher with Richmond City Public Schools and an Associate Minister/Music Director at Mount Hope Baptist Church.
Donelson pleaded guilty to production of child pornography. He faces a mandatory minimum of 15 years in prison and a maximum penalty of 30 years in prison when sentenced on Sept. 28, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C., made the announcement after U.S. District Judge M. Hannah Lauck accepted the plea. Assistant U.S. Attorney Kevin Elliker is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-cr-055.
Serial Robber Sentenced to 30 Years in PrisonRead the Press Release
RICHMOND, Va. – A serial robber who calls himself “Mula” was sentenced today to 30 years in prison for robbery and brandishing a gun during a robbery.
According to court documents, Christopher Tatum, 30, of Henrico, committed seven robberies of convenience stores in Henrico County throughout the months of April and May 2019. In each of the robberies Tatum wore similar gloves, pants, and shoes, and was always armed with a firearm. In at least two of the robberies, Tatum had an accomplice who entered the store with him. This accomplice would also help Tatum by scouting locations and occasionally providing Tatum with a firearm to use. During a search of Tatum’s home, law enforcement found the matching clothes, including a pair of distinct yellow gloves on which Tatum had drawn a symbol and his nickname “Mula.” Law enforcement also discovered a firearm under Tatum’s mattress.
Tatum’s criminal history includes two prior convictions for robbery in the State of New York. He was released from his previous period of incarceration for the second robbery in December 2017.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and David W. Archey, Special Agent in Charge of the FBI’s Richmond Field Office, made the announcement after sentencing by U.S. District Judge David J. Novak. Assistant U.S. Attorney Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-146.
DOJ Announces $42M to Combat Illegal Manufacture and Distribution of Methamphetamine and OpioidsRead the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger and the Department of Justice‘s Office of Community Oriented Policing Services (COPS Office) today announced nearly $42 million in funding to support state-level law enforcement agencies in combating the illegal manufacturing and distribution of methamphetamine, heroin, fentanyl, carfentanil, and prescription opioids, including $1 million to the Virginia State Police.
“Virginia continues to see a rise in overdose deaths from opioids,” said G. Zachary Terwilliger. “Illicitly produced fentanyl and fentanyl analogues like carfentanil and acetyl fentanyl are being trafficked at alarming rates on the streets of the Commonwealth. Pills bought on the street and on the dark web are often counterfeit and contain fentanyl or fentanyl analogues, often killing those unaware of the presence of these highly potent drugs. Now, in addition to the rise in the number of opioid-related overdose deaths, Virginia is witnessing an increase in methamphetamine overdoses. This grant enables our law enforcement partners at the Virginia State Police to continue their work fighting against the spread of opioids and methamphetamines in our communities across the Commonwealth.”
“In 2018, an average of three Virginias died of an opioid overdose daily,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “State Police has spent the past decade committing investigative and personnel resources to address the opioid crisis impacting so many communities across the Commonwealth. The COPS AHTF grant enables State Police special agents and our 37 multi-agency drug task force coordinators to not only sustain existing efforts, but to do so even more strategically through advanced, data-driven analytics and investigative tools.”
Drug overdose deaths and opioid-involved deaths continue to increase in the United States. Deaths from drug overdose are up among both men and women, all races, and adults of nearly all ages, with more than three out of five drug overdose deaths involving an opioid. More than 130 people die every day in the United States after overdosing on opioids, while methamphetamine continues to be one of the most commonly misused stimulant drugs in the world and is the drug that most contributes to violent crime.
“This funding is a critical step towards providing State Police with the advanced skills, technical capabilities, and analytical support they need in order to turn the tide on the record number of fatal opioid-related overdoses afflicting families and communities across Virginia,” said Secretary of Public Safety and Homeland Security Brian Moran. “We are appreciative of the COPS Office for recognizing Virginia’s investigative and prosecutorial needs to continue our fight against the opioid epidemic.”
The COPS Office is awarding more than $29.7 million in grant funding to 14 state law enforcement agency task forces through the Anti-Heroin Task Force Program (AHTF). AHTF provides three years of funding directly to state-level law enforcement agencies with multijurisdictional reach and interdisciplinary team (e.g., task force) structures, in states with high per capita rates of primary treatment admissions for heroin, fentanyl, carfentanil, and other opioids. This funding will support the location or investigation of illicit activities through statewide collaboration related to the distribution of heroin, fentanyl, or carfentanil or the unlawful distribution of prescription opioids.
“The scourge of opioid and methamphetamine use continues to take a devastating toll on our nation’s communities,” said COPS Office Director Phil Keith. “By providing these resources to law enforcement to help combat the further spread, the COPS Office is demonstrating our commitment to this Administration’s priority of reducing drug use and protecting our citizens from this public health and safety crisis.”
Through the COPS Anti-Methamphetamine Program (CAMP), the COPS Office is also awarding $12 million to 12 state law enforcement agencies. These state agencies have demonstrated numerous seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures. State agencies are being awarded three years of funding through CAMP to support the location or investigation of illicit activities related to the manufacture and distribution of methamphetamine, including precursor diversion, laboratories, or methamphetamine trafficking.
The AHTF and CAMP funding has a tremendous impact on state investigative and seizure work. During the five month period between October 2019 and February 2020, current AHTF grantees reported the seizure of over $4 million in cash and 1,213 firearms. Similarly, for CAMP, grantees reported seizures of more than $7 million in cash and 1,577 firearms.
The complete list of Anti-Heroin Task Force Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/ahtf-award
The complete list of COPS Anti-Methamphetamine Program award recipients, including funding amounts, can be found here: https://cops.usdoj.gov/camp-award
The COPS Office is a federal agency responsible for advancing community policing nationwide. Since 1994, the COPS Office has invested more than $14 billion to advance community policing, including grants awarded to more than 13,000 state, local and tribal law enforcement agencies to fund the hiring and redeployment of approximately 135,000 officers and provide a variety of knowledge resource products including publications, training and technical assistance. For additional information about the COPS Office, please visit: www.cops.usdoj.gov
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
MS-13 Members Sentenced to Prison for Violent 2018 AttackRead the Press Release
ALEXANDRIA, Va. – Two MS-13 members were sentenced today to over a combined 28 years in prison for their roles in a December 2018 shooting and stabbing that occurred in Four Mile Run Park.
“Yes, Northern Virginia has a gang problem,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “I have personally handled the prosecution of MS-13 members in Alexandria for over a decade. By burying their heads in the sand and lacking courage to address a problem because they mistakenly deem it to be politically incorrect, various community leaders in Northern Virginia simply refuse to acknowledge the gang problem to the detriment of the same Hispanic community they claim to be defending. No one suffers more at the hands of MS-13 than other individuals of Central American birth or ancestry. MS-13 gang members extort minority owned businesses in their own communities, sexually traffic first generation American juveniles, and brutally assault and even murder Hispanic boys and girls who they believe have disrespected the gang. This case is proof positive of the need for community leaders in Northern Virginia to acknowledge this reality and work to be part of the solution. We cannot prosecute MS-13 out of existence. The community must play a significant role to protect our youth from joining the gang in the first place. I believe that together we can eliminate the gang problem in Northern Virginia.”
According to court documents, Juan Francisco Rivera-Pineda, 25, and Jefferson Noe Amaya, 25, both of Alexandria, are members of the Pinos Locos Salvatrucha (PLS) clique of MS-13, which operates in Chirilagua, an area in Alexandria near the border of Arlington.
On Dec. 30, 2018, Rivera-Pineda and Amaya shot and stabbed a 40-year-old victim while the victim and his two friends were in Four Mile Run Park. The victim’s nephew had been warned by PLS not to sell drugs in PLS territory without paying rent. On the night of the shooting, Rivera-Pineda, Amaya, and a third unidentified suspect confronted the victim in the park, shooting him in the throat and arm, and stabbing him in the torso. The victim was transported to the hospital where he underwent surgery and survived.
“Today's sentencings send a clear message that the FBI and the Safe Streets Task Force remain aggressive in investigating and dismantling gang activity that brings violence and fear into our communities,” said James A. Dawson, Special Agent in Charge of the Criminal Division, FBI Washington Field Office. “The FBI will continue steadfastly in its goal to take these violent offenders off the street and ultimately bring justice to the victims of these brutal acts.”
Rivera-Pineda and Amaya each pleaded guilty to assault with a dangerous weapon in aid of racketeering activity, and discharging a firearm during a crime of violence. Rivera-Pineda was sentenced to 161 months in prison, and Amaya was sentenced to 177 months. Each sentence included a mandatory minimum penalty of 10 years.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Blue Heat. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This matter was investigated by the FBI Washington Field Office’s Safe Streets/HIDTA Task Force – Northern Virginia, which is composed of FBI Agents, along with Detectives from the Fairfax County Police, Alexandria City Police, Prince William County Police, Arlington County Police, Alexandria Police Department, Alexandria Sheriff’s Office, Vienna Police Department, Herndon Police Department, along with Agents from the Department of Homeland Security Enforcement Removal Operations, the USMS, and the Northern Virginia Gang Task Force. The task force is charged with investigating, disrupting and dismantling the most egregious and violent gangs operating in Northern Virginia to include MS-13.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; M. Jay Farr, Arlington County Chief of Police; and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Assistant U.S. Attorney Morris Parker and Natasha Smalky prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-225.
Justice Department Files Lawsuit Against Stafford County, Virginia, over Blocking of Islamic CemeteryRead the Press Release
The Justice Department today announced that it has filed a lawsuit alleging that Stafford County, Virginia, violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting overly restrictive zoning regulations prohibiting an Islamic organization from developing a religious cemetery on land it had purchased for that purpose.
“The United States of America must and will remain a nation committed to the right of all people to practice their faith free from unjustified governmental restrictions. Indeed, this nation exists to provide sanctuary to people seeking the religious freedom that is too often denied in other parts of the world, and the Department of Justice is committed to protecting the fundamental right of people of all faiths to practice their religion free from illegal governmental interference,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “That right protects the freedom of faith communities to use their land for religious purposes, including for cemeteries, houses of worship, and religious schools.”
“Honoring and burying the dead is a sacred religious act for many faith traditions,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The complaint that was filed in this case demonstrates this office’s commitment to ensuring that those of all faiths are not substantially burdened by improper local government actions in practicing their religious rituals.”
The complaint, filed in the Eastern District of Virginia, alleges that the county passed an ordinance in 2016 that blocked the All Muslim Association of America from developing an Islamic cemetery on a 29-acre parcel of land that it owns. When the association bought the property, it complied with all of the state and local requirements for use as a cemetery. But after learning of the association’s plans, the county amended its ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams, thus preventing the association from using its property as a cemetery. The United States’ complaint alleges that this requirement is far more restrictive than the Virginia Department of Health’s 100-foot distancing standard, has no legitimate health justification, imposes a substantial burden on the association’s religious exercise, and is not narrowly tailored to achieve a compelling governmental interest.
The complaint seeks injunctive relief, including a court order that the county allow the association to build its cemetery in conformity with the prior ordinance.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
Doctor Sentenced to Prison for Illegal Distribution of Adderall, OxycodoneRead the Press Release
ALEXANDRIA, Va. – A Fairfax medical doctor was sentenced today to 10 years in prison and fined $30,000 for illegally diverting Adderall and oxycodone to six different patients, including a patient who suffered from opioid addiction and later died of a drug overdose.
“Doctors represent one of the key first lines of defense in thwarting the opioid crisis,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Though armed with a license to practice medicine, Dr. Gurpreet Singh Bajwa discarded his fundamental oath—first, do no harm— by engaging in criminal conduct and in doing so exposing his patients to potentially grave consequences in the process. Dr. Bajwa defines what we commonly refer to as a “dirty doc,” and his prosecution and sentence should send a very clear message to any other medical practitioners contemplating risking patient lives out of greed that you will face swift and certain consequences for your nefarious, unethical, and criminal conduct.”
As part of his sentence, Bajwa will be prohibited from practicing medicine for three years after he is released from prison. The doctor had previously surrendered his medical license in May 2019.
"Physicians who put their own greed above the health and safety of their patients only inflame the ongoing opioid epidemic," said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office's Criminal Division. "The FBI and our partners will continue to combat the illegal actions of trusted medical professionals who over-prescribe these highly addictive drugs to the detriment of their patients."
According to court documents, Dr. Bajwa, 49, temporarily lost his medical license in 2012 following an investigation by the Virginia Department of Health Professions (DHP) into his prescription practices. After his license was reinstated, he significantly reduced the quantity of pain medications he prescribed, and switched over to stimulants, benzodiazepines, and sedatives.
Generally, at no point during any of his patients’ visits did Bajwa or any of his staff receive, review, or request prior medical files; obtain medical histories; conduct physical examinations; discuss the cause of any attention disorder or what might properly address such a condition; discuss any alternatives to treatment; or obtain and analyze urine samples to ensure his patients were taking their medications as directed.
Beginning in summer 2018, two undercover law enforcement officers posed as patients and made appointments to see Bajwa. At each visit, Bajwa prescribed the undercover officers a 30 day supply of Adderall—despite the undercover officers showing up to two weeks prior to the end of the previous 30 day period. One of the officers told Bajwa that she was a fitness model and needed Adderall for her workouts, which is not a legitimate use for the substance. The undercover officer also asked Bajwa to prescribe her extra pills that she could give to a “friend” and he readily agreed.
One of the patients to whom Bajwa prescribed significant quantities of prescription drugs had a history of high blood pressure, among other health conditions. Nevertheless, Bajwa wrote her monthly prescriptions for the maximum dose of Adderall, a schedule II stimulant.
In 2016, the CDC and the FDA issued warnings cautioning against prescribing opioids and benzodiazepines (including Xanax) together because of the increased risk of fatal overdose. Nevertheless, on multiple occasions, Bajwa wrote prescriptions to patients for both oxycodone—a powerful Schedule II opioid—and Xanax.
One of Bajwa’s patients, N.J., suffered from heroin addiction. N.J.’s mother told Bajwa two or three times that N.J. was abusing drugs, and yet Bajwa continued to prescribe controlled substances to N.J. In November 2017, Bajwa prescribed both oxycodone and Xanax to N.J., despite knowing of N.J.’s drug addiction, and despite the increased danger of combining the two medications. In January 2018, N.J. was dismissed from a rehabilitation program after he was caught abusing drugs Bajwa prescribed him. N.J. died of a drug overdose a short time later.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Knuckle Ball. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement after sentencing by U.S. District Judge Leonie M. Brinkema. Assistant U.S. Attorney Katherine E. Rumbaugh prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-60.
DOJ Files Lawsuit Against Stafford County over Blocking of Islamic CemeteryRead the Press Release
ALEXANDRIA, Va. – The Justice Department today announced that it has filed a lawsuit alleging that Stafford County violated the Religious Land Use and Institutionalized Persons Act (RLUIPA) by enacting overly restrictive zoning regulations prohibiting an Islamic organization from developing a religious cemetery on land it had purchased for that purpose.
“Honoring and burying the dead is a sacred religious act for many faith traditions,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The complaint that was filed in this case demonstrates this office’s commitment to ensuring that those of all faiths are not substantially burdened by improper local government actions in practicing their religious rituals.”
The complaint, filed in the Eastern District of Virginia, alleges that the County passed an ordinance in 2016 that blocked the All Muslim Association of America from developing an Islamic cemetery on a 29-acre parcel of land that it owns. When the Association bought the property, it complied with all of the state and local requirements for use as a cemetery. But after learning of the Association’s plans, the County amended its ordinance to require that cemeteries be no closer than 900 feet from private wells and certain types of streams, thus preventing the Association from using its property as a cemetery. The United States’ complaint alleges that this requirement is far more restrictive than the Virginia Department of Health’s 100-foot distancing standard, has no legitimate health justification, imposes a substantial burden on the Association’s religious exercise, and is not narrowly tailored to achieve a compelling governmental interest.
“The United States of America must and will remain a nation committed to the right of all people to practice their faith free from unjustified governmental restrictions. Indeed, this nation exists to provide sanctuary to people seeking the religious freedom that is too often denied in other parts of the world, and the Department of Justice is committed to protecting the fundamental right of people of all faiths to practice their religion free from illegal governmental interference,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division. “That right protects the freedom of faith communities to use their land for religious purposes, including for cemeteries, houses of worship, and religious schools.”
The complaint seeks injunctive relief, including a court order that the County allow the Association to build its cemetery in conformity with the prior ordinance.
RLUIPA is a federal law that protects religious institutions from unduly burdensome or discriminatory land use regulations. In June 2018, the Justice Department announced its Place to Worship Initiative, which focuses on RLUIPA’s provisions that protect the rights of houses of worship and other religious institutions to worship on their land. More information is available at www.justice.gov/crt/placetoworship.
In July 2018, the Department of Justice announced the formation of the Religious Liberty Task Force. The Task Force brings together Department components to coordinate their work on religious liberty litigation and policy, and to implement the Attorney General’s 2017 Religious Liberty Guidance.
Individuals who believe they have been subjected to discrimination in land use or zoning decisions may contact the Civil Rights Division Housing and Civil Enforcement Section at (800) 896-7743, or through the complaint portal on the Place to Worship Initiative website. More information about RLUIPA, including questions and answers about the law and other documents, may be found at http://www.justice.gov/crt/about/hce/rluipaexplain.php.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Nigerian Businessman Pleads Guilty to $11 Million Fraud SchemeRead the Press Release
NEWPORT NEWS, Va. – A Nigerian entrepreneur who operated a group of companies known as the Invictus Group pleaded guilty today to a computer based intrusion fraud scheme that caused $11 million in losses to his victims.
According to court documents, Obinwanne Okeke, 32, and other conspirators engaged in a conspiracy from approximately 2015 to 2019 to conduct various computer based frauds. The conspirators obtained and compiled the credentials of hundreds of victims, including victims in the Eastern District of Virginia and elsewhere. As part of the scheme, Okeke and others engaged in an email compromise scheme targeting Unatrac Holding Limited, the export sales office for Caterpillar heavy industrial and farm equipment. In April 2018, a Unatrac executive fell prey to a phishing email that allowed conspirators to capture login credentials. The conspirators sent fraudulent wire transfer requests and attached fake invoices. Okeke participated in the effort to victimize Unatrac through fraudulent wire transfers totaling nearly $11 million, which funds were transferred overseas.
Okeke pleaded guilty to a conspiracy to commit wire fraud. Okeke faces a maximum penalty of 20 years in prison when sentenced on October 22. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea. Assistant U.S. Attorney Brian Samuels and Special Assistant U.S. Attorney Matthew Mattis are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-084
Murderer of Virginia State Police Special Agent Sentenced to PrisonRead the Press Release
RICHMOND, Va. – A Weems man was sentenced today to 10 years in prison for his illegal possession of a firearm that was used to kill Virginia State Police Special Agent Michael Walter in May 2017.
“As a front line law enforcement officer protecting the citizens of Virginia, Special Agent Walter risked his life to protect the people of Richmond,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “From his time as a United States Marine who participated in Operation Desert Storm, to his many years as a veteran Virginia State Police Special Agent, and as the founder of the non-profit youth Blackhawk wrestling program, Special Agent Walter’s life was one of service. As a loving husband and father to his three children, Special Agent Walter was loved, adored, and idolized by his friends, family, and by all that knew him. Due to Travis Ball’s selfish and brutal crime, the Walter family, the Virginia State Police, and the Commonwealth of Virginia will never be the same. At a time of unprecedented and appropriate focus on interactions between individuals and law enforcement, we must not lose sight of the ultimate sacrifice given by the good and honorable law enforcement officers, and their surviving loved ones, who protect and serve for the rest of us.”
According to court documents, on May 26, 2017, Travis Ball, 30, shot and killed Special Agent Walter during a traffic stop in the Mosby Court public housing community in Richmond. At the time of the murder, Ball possessed a FIE, model Titan, .25 caliber, semi-automatic pistol. Believing that he was wanted in Lancaster County for a probation violation, Ball resisted arrested and shot Special Agent Walter once in the head. Text messages found on Ball’s cellphone later revealed that two days prior to the murder he told his girlfriend he was not going back to jail and would “end up killing something.” On May 27, 2017, Special Agent Walter died from the gunshot wound inflicted by Ball.
The sentence imposed in this case will run consecutive to the 36 year sentence for capital murder that Ball received in the City of Richmond Circuit Court related to the murder of Special Agent Walter.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorneys Erik S. Siebert and Stephen E. Anthony prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-128.
MS-13 Gang Member Pleads Guilty to Role in Armed RobberyRead the Press Release
ALEXANDRIA, Va. – A Maryland man pleaded guilty today to driving three men associated with MS-13 who had just committed an armed robbery away from the scene of the crime.
“MS-13 is a transnational gang of vicious thugs that primarily preys on people and businesses in our nation’s vibrant immigrant communities,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Members of those communities should feel confident, as demonstrated today in court, that members and associates of MS-13 that commit violent acts here will be held accountable.”
According to court documents, Willian Alexis Benavides Pena, 26, is a member of MS-13’s Pinos Locos Salvatruchos (“PLS”) clique. On the morning of Aug. 18, 2017, several PLS members and associates travelled from Maryland to Herndon at the direction of the clique’s then-leader in the Washington, D.C. metropolitan area. Some of those individuals, wearing masks and brandishing firearms, proceeded to rob a store in the 1100 block of Elden Street of approximately $19,500. Those men then entered a neighboring restaurant and kept its patrons and staff on the floor for several minutes before fleeing through the rear exit. Benavides Pena, knowing that a robbery had been committed, drove three of the armed robbers away from the scene and back to Maryland.
“This guilty plea is an example of the FBI and Safe Streets Task Force's continued work and commitment to dismantling MS-13 and ending the gang's violence that affects our communities,” said James A. Dawson, Special Agent in Charge of the FBI Washington Field Office Criminal Division. “The violence perpetrated by MS-13 members and associates will not be tolerated, and we thank our law enforcement partners who work every day to bring violent criminals to justice.”
Benavides Pena pleaded guilty to acting as an accessory after the fact to a Hobbs Act robbery. He faces a maximum penalty of 10 years in prison when sentenced on September 22. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“This case, which started at the local level with detectives from Herndon Police Department and Northern Virginia Regional Gang Task Force, exemplifies the tremendous investigative cooperation among local, state, and federal partners in combatting violent crime in our communities,” Maggie DeBoard, Chief of Herndon Police Department said. “Our community remains safer today due to the arrest and conviction of this dangerous individual.”
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Blue Heat. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This matter was investigated by the FBI, Washington Field Office’s Northern Virginia Safe Streets/HIDTA Task Force which is composed of FBI agents working in partnership with local, state and federal agencies within Northern Virginia. The Herndon Police Department provided significant investigative assistance in this matter. The Northern Virginia Safe Streets/HIDTA Task Force is charged with investigating, disrupting and dismantling the most egregious and violent gangs and drug trafficking enterprises operating in Northern Virginia to include MS-13. Information regarding gang activity within Northern Virginia can be referred to the FBI by calling 202-278-2000 or tips.fbi.gov.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; Maggie A. DeBoard, Town of Herndon Police Chief; and Marcus G. Jones, Montgomery County Chief of Police, made the announcement after Senior U.S. District Judge Liam O'Grady accepted the plea. Assistant U.S. Attorney John C. Blanchard is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-123.
High Society Hit Squad Gang Member Sentenced to PrisonRead the Press Release
RICHMOND, Va. – A member of a Petersburg gang called High Society Hit Squad, or H$2X, was sentenced today to nearly six years in prison for possessing a firearm after having been convicted of a felony.
According to court documents, Daekwon Castelle, aka Dae Stackcz, 22, of Petersburg, was arrested in September 2019, just five months after he pleaded guilty to unlawful wounding involving a firearm, and was released from state custody. At the time of his arrest, Castelle was in possession of a loaded .45 caliber firearm with a round in the chamber. Additionally, at the time of arrest, Castelle was in possession of a distribution quantity fentanyl, a Schedule II controlled substance and nearly $800 in cash.
Testimony at today’s sentencing hearing showed that between April 2019 and the date of Castelle’s arrest in September 2019, he distributing cocaine, heroin, fentanyl, pills, and marijuana. Testimony also showed that Castelle was often armed when he was dealing drugs.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Kenneth A. Miller, Director of Public Safety, Petersburg Bureau of Police, made the announcement after sentencing by Senior U.S. District Judge Henry E. Hudson. Assistant U.S. Attorney Angela Mastandrea-Miller prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:20-cr-005.
Former DIA Analyst Sentenced for Leaking Classified Information to JournalistsRead the Press Release
ALEXANDRIA, Va. – A former employee of the Defense Intelligence Agency (DIA) was sentenced today to 30 months in prison for leaking classified information to two journalists in 2018 and 2019.
“When our nation’s secrets are published, in print or online, those secrets are made available to all of our adversaries,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Frese’s choice to betray his oath to his country had real consequences and caused actual harm to the safety of this country and its citizens.”
According to court documents, Henry Kyle Frese, 31, of Alexandria, was employed by DIA as a counterterrorism analyst from February 2018 to October 2019, and held a Top Secret//Sensitive Compartmented Information security clearance. United States government agencies have confirmed that in the spring and summer of 2018, News Outlet 1 published eight articles, all authored by the same journalist (Journalist 1) that contained classified NDI that related to the capabilities of certain foreign countries’ weapons systems. These articles contained classified intelligence from five intelligence reports (the Compromised Intelligence Reports) made available to appropriately cleared recipients in the first half of 2018. The topic of all of these initial five Compromised Intelligence Reports – foreign countries’ weapons systems – was outside the scope of Frese’s job duties as an analyst covering CT topics. The media articles, and the intelligence reporting from which they were derived, both contained information that is classified up to the TS//SCI level, indicating that its unauthorized disclosure could reasonably be expected to result in exceptionally grave damage to the national security. The intelligence reporting was marked as such.
“Frese repeatedly passed classified information to a reporter, sometimes in response to her requests, all for personal gain,” said John C. Demers, Assistant Attorney General for National Security. “When this information was published, it was shared with all of our nation’s adversaries, creating a risk of exceptionally grave harm to the security of this country. His conviction and sentence demonstrate the Department’s commitment to the investigation and prosecution of such betrayals by clearance holders as part of our mandate to protect our citizens and defend the national security of the United States.”
According to court documents, Frese and Journalist 1 lived together at the same residential address from January 2018 to November 2018. Throughout 2018 and 2019, Frese and Journalist 1 “followed” each other on Twitter, and on at least two occasions Frese re-Tweeted Journalist 1’s tweets announcing the publications of articles containing NDI classified at the Top Secret level.
“The American people expect those entrusted with our nation's most sensitive secrets to keep those secrets safe. Mr. Frese did just the opposite,” said Alan E. Kohler, Jr., Assistant Director of the FBI's Counterintelligence Division. “The FBI is committed to protecting the national security interests of the United States and will vigorously pursue investigations into current and former clearance holders who leak classified information.”
In or about April of 2018, Journalist 1 introduced Frese to a second journalist (Journalist 2). Subsequently, Frese began texting and speaking with Journalist 2 by telephone. Between mid-2018 and late September 2019, Frese orally transmitted NDI classified at the Top Secret level to Journalist 1 on 12 separate occasions, and orally transmitted NDI classified at the Secret level to Journalist 1 on at least four occasions. Frese knew the information was classified at the Secret and Top Secret levels because the intelligence products from which he had learned the classified information had visible classification markings as to the classification level of the information, and the intelligence products accessed by Frese were stored on secure, classified government information systems.
“When Mr. Frese chose to provide classified information to members of the media, he violated his oath to serve the United States as a trusted government employee,” said Timothy R. Slater, Assistant Director in Charge of the FBI's Washington Field Office. “Put in the hands of our adversaries, this information causes damage and harm to our country. This investigation and today's sentencing serve as a reminder that unauthorized disclosures of classified information is a crime, and will not be tolerated.”
In relation to one of the 12 times Frese orally transmitted Top Secret NDI to Journalist 1, in or about mid-April to early May 2018, Frese accessed an intelligence report unrelated to his job duties on multiple occasions, which contained NDI classified at the Top Secret//SCI level (Intelligence Report l). A week after Frese accessed Intelligence Report 1 for the second time, Frese received an April 27, 2018 Twitter Direct Message (DM) from Journalist 1 asking whether Frese would be willing to speak with Journalist 2. Frese stated that he was “down” to help Journalist 2 if it helped Journalist 1 “progress.” During the same April 27, 2018, Twitter exchange, Journalist 1 indicated that a certain United States military official told Journalist 2 that the official was not aware of the subject matter discussed in Intelligence Report 1. Frese characterized the official’s denial as “weird” and commented on the source of information contained within Intelligence Report 1.
Several days after the April 27, 2018, Twitter exchange, Frese searched on a classified United States government computer system for terms related to the topics contained in Intelligence Report 1. A few hours after searching for terms related to the topic of Intelligence Report l, Frese spoke by telephone with Journalist 1, and several hours later he spoke by telephone with Journalist 2. Immediately after the call with Journalist 2, Journalist 1 called Frese. During at least one of the calls with Journalist 1 and Journalist 2, Frese orally passed Top Secret NDI derived from Intelligence Report 1. Approximately 30 minutes after Frese spoke with the two journalists, Journalist 1 published an article (Article 1) which contained Top Secret NDI, orally communicated by Frese and derived from Intelligence Report 1 classified at the Top Secret//SCI level.
On at least 30 separate occasions in 2018, Frese conducted searches on classified government systems for information regarding the classified topics he discussed with Journalists 1 and 2. On multiple occasions in 2018 and 2019, Frese conducted searches on classified government systems because of specific requests for information from Journalists 1 and 2.
Additionally, between early 2018 and October 2019, Frese communicated with an employee of an overseas CT consulting group (Consultant 1) via social media. On at least two occasions, Frese transmitted classified NDI related to CT topics to Consultant 1, using a social media site’s direct messaging feature.
Assistant U.S. Attorneys Neil Hammerstrom and Danya E. Atiyeh, and Trial Attorney Jennifer Kennedy Gellie of the National Security Division’s Counterintelligence and Export Control Section prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-304.
Former DIA Analyst Sentenced for Leaking Classified Information to JournalistsRead the Press Release
A former employee of the Defense Intelligence Agency (DIA) was sentenced today to 30 months in prison for leaking classified information to two journalists in 2018 and 2019.
“Frese repeatedly passed classified information to a reporter, sometimes in response to her requests, all for personal gain,” said Assistant Attorney General for National Security John C. Demers. “When this information was published, it was shared with all of our nation's adversaries, creating a risk of exceptionally grave harm to the security of this country. His conviction and sentence demonstrate the Department’s commitment to the investigation and prosecution of such betrayals by clearance holders as part of our mandate to protect our citizens and defend the national security of the United States.”
“The American people expect those entrusted with our nation's most sensitive secrets to keep those secrets safe. Mr. Frese did just the opposite,” said Assistant Director Alan E. Kohler Jr. of the FBI's Counterintelligence Division. “The FBI is committed to protecting the national security interests of the United States and will vigorously pursue investigations into current and former clearance holders who leak classified information.”
“When our nation’s secrets are published, in print or online, those secrets are made available to all of our adversaries,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Frese’s choice to betray his oath to his country had real consequences and caused actual harm to the safety of this country and its citizens.”
“When Mr. Frese chose to provide classified information to members of the media, he violated his oath to serve the United States as a trusted government employee,” said Timothy R. Slater, Assistant Director in Charge of the FBI's Washington Field Office. “Put in the hands of our adversaries, this information causes damage and harm to our country. This investigation and today's sentencing serve as a reminder that unauthorized disclosures of classified information is a crime, and will not be tolerated.”
According to court documents, Henry Kyle Frese, 31, of Alexandria, was employed by DIA as a counterterrorism analyst from February 2018 to October 2019, and held a Top Secret//Sensitive Compartmented Information security clearance. United States government agencies have confirmed that in the spring and summer of 2018, News Outlet 1 published eight articles, all authored by the same journalist (Journalist 1) that contained classified NDI that related to the capabilities of certain foreign countries’ weapons systems. These articles contained classified intelligence from five intelligence reports (the Compromised Intelligence Reports) made available to appropriately cleared recipients in the first half of 2018. The topic of all of these initial five Compromised Intelligence Reports – foreign countries’ weapons systems – was outside the scope of Frese’s job duties as an analyst covering CT topics. The media articles, and the intelligence reporting from which they were derived, both contained information that is classified up to the TS//SCI level, indicating that its unauthorized disclosure could reasonably be expected to result in exceptionally grave damage to the national security. The intelligence reporting was marked as such.
According to court documents, Frese and Journalist 1 lived together at the same residential address from January 2018 to November 2018. Throughout 2018 and 2019, Frese and Journalist 1 “followed” each other on Twitter, and on at least two occasions Frese re-Tweeted Journalist 1’s tweets announcing the publications of articles containing NDI classified at the Top Secret level.
In or about April of 2018, Journalist 1 introduced Frese to a second journalist (Journalist 2). Subsequently, Frese began texting and speaking with Journalist 2 by telephone. Between mid-2018 and late September 2019, Frese orally transmitted NDI classified at the Top Secret level to Journalist 1 on 12 separate occasions, and orally transmitted NDI classified at the Secret level to Journalist 1 on at least four occasions. Frese knew the information was classified at the Secret and Top Secret levels because the intelligence products from which he had learned the classified information had visible classification markings as to the classification level of the information, and the intelligence products accessed by Frese were stored on secure, classified government information systems.
In relation to one of the 12 times Frese orally transmitted Top Secret NDI to Journalist 1, in or about mid-April to early May 2018, Frese accessed an intelligence report unrelated to his job duties on multiple occasions, which contained NDI classified at the Top Secret//SCI level (Intelligence Report l). A week after Frese accessed Intelligence Report 1 for the second time, Frese received an April 27, 2018 Twitter Direct Message (DM) from Journalist 1 asking whether Frese would be willing to speak with Journalist 2. Frese stated that he was “down” to help Journalist 2 if it helped Journalist 1 “progress.” During the same April 27, 2018, Twitter exchange, Journalist 1 indicated that a certain United States military official told Journalist 2 that the official was not aware of the subject matter discussed in Intelligence Report 1. Frese characterized the official’s denial as “weird” and commented on the source of information contained within Intelligence Report 1.
Several days after the April 27, 2018, Twitter exchange, Frese searched on a classified United States government computer system for terms related to the topics contained in Intelligence Report 1. A few hours after searching for terms related to the topic of Intelligence Report l, Frese spoke by telephone with Journalist 1, and several hours later he spoke by telephone with Journalist 2. Immediately after the call with Journalist 2, Journalist 1 called Frese. During at least one of the calls with Journalist 1 and Journalist 2, Frese orally passed Top Secret NDI derived from Intelligence Report 1. Approximately 30 minutes after Frese spoke with the two journalists, Journalist 1 published an article (Article 1) which contained Top Secret NDI, orally communicated by Frese and derived from Intelligence Report 1 classified at the Top Secret//SCI level.
On at least 30 separate occasions in 2018, Frese conducted searches on classified government systems for information regarding the classified topics he discussed with Journalists 1 and 2. On multiple occasions in 2018 and 2019, Frese conducted searches on classified government systems because of specific requests for information from Journalists 1 and 2.
Additionally, between early 2018 and October 2019, Frese communicated with an employee of an overseas CT consulting group (Consultant 1) via social media. On at least two occasions, Frese transmitted classified NDI related to CT topics to Consultant 1, using a social media site’s direct messaging feature.
Assistant U.S. Attorneys Danya E. Atiyeh, Neil Hammerstrom and Trial Attorney Jennifer Gellie for the Counterintelligence and Export Control Section of the National Security Division prosecuted the case.
Man Sentenced to Prison for Autotrader Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A Richmond man was sentenced today to seven years in prison for his role in orchestrating an Autotrader fraud scheme that caused over $575,000 in losses to the victims.
According to court documents, John Baron Royal, 51, advertised high-end, luxury vehicles for sale on Autotrader.com, including Range Rovers, Mustangs, BMWs, and Mercedes-Benz SUVs. Royal used aliases to advertise the vehicles for sale and to extract payment for the vehicles from his victims. Ultimately, Royal failed to provide the victims with the vehicles. Unwitting victims agreed to purchase the vehicles from Royal who promised that he would have the vehicles shipped to the victims’ desired locations. To conceal his role in the fraud, Royal used a number of aliases, supplied his accomplices with burner phones, and used technology to disguise his voice. When the victims complained about not receiving the vehicles, Royal and others at Royal’s direction, sent a series of lulling communications to the victims to convince them that delivery of their respective vehicles was imminent. Royal also directed one of his co-conspirators to impersonate other individuals to communicate with the victims about delivery of a 2015 Range Rover.
In addition to these fraudulent misrepresentations, Royal sent pictures to the victims of fake and fraudulent documentation leading the victims to believe that Royal owned the vehicles for sale when, in fact, Royal did not own the vehicles. To further conceal his role in the fraud, Royal directed a number of other individuals to open bank accounts in the name of shell entities to receive the victims’ funds. Royal’s fraud was detected after he and an associate falsely reported a vehicle stolen to the Leesburg Police Department. After fraudulently reporting the vehicle stolen, Royal and his associates immediately left their residence in Leesburg and moved to Atlanta, Georgia. Intended losses to the victims were more than $575,000.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Matthew S. Miller, Special Agent in Charge of the U.S. Secret Service’s Washington Field Office; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI), James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office; and Gregory C. Brown, Leesburg Chief of Police, made the announcement after sentencing by U.S. District Judge Rossie D. Alston, Jr. Assistant U.S. Attorney Jamar K. Walker prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-252.
Dentists Agree to Pay Civil Penalties Under Controlled Substances ActRead the Press Release
NORFOLK, Va. – Dr. Gary Hartman, Dr. Arnold Berger, and Dr. Paul Berger, of Virginia Beach, have agreed to pay a combined $30,000 to settle allegations that they violated the Controlled Substances Act (“Act”) by issuing and filling prescriptions with no legitimate medical purpose.
The Government alleged that dentists Dr. Gary Hartman and Dr. Arnold Berger, and then-retired dentist Dr. Paul Berger, wrote prescriptions for Schedule II and Schedule IV substances with no legitimate medical purpose. Dr. Hartman and Dr. Arnold Berger allegedly wrote prescriptions for controlled substances, including opioids, to each other and in Dr. Hartman’s case, to Dr. Paul Berger. All three would fill the prescriptions and bring the majority of the opioids to Dr. Hartman.
Dr. Hartman and Dr. Arnold Berger previously pleaded guilty to violating the Act. The settlements resolve their civil liability under the Act as well as Dr. Paul Berger’s civil liability under the Act.
Separately, Drs. Hartman and Arnold Berger surrendered their DEA registrations.
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney's Office for the Eastern District of Virginia and the Drug Enforcement Administration.
The matter was investigated by Assistant U.S. Attorney Clare P. Wuerker. The civil claims settled by this agreement are allegations only; there has been no determination of civil liability.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Justice Department Files Civil Action to Support Major Expansion of Arlington National CemeteryRead the Press Release
The Department of Justice filed today a civil action on behalf of the Department of the Army for the taking of roadways owned or operated by Arlington County, Virginia, by eminent domain for the purpose of expanding Arlington National Cemetery. The taking and relocation of these roadways, together with future planned acquisitions from the Commonwealth of Virginia, will establish a single, contiguous parcel of land south of the existing cemetery. The incorporation of this land into the cemetery will create a 49-acre contiguous parcel available for cemetery development.
When completed, the Arlington National Cemetery Southern Expansion Project will provide for approximately 60,000 additional burial sites, including an above ground columbarium. The expansion will extend the timeline for Arlington National Cemetery to continue as an active military cemetery. The total project cost, including the related Defense Access Roads Project, is estimated at $420 million, and Congress already has appropriated $280 million in Project-related funding.
The expansion project will benefit Arlington County and its residents by, among other things, burying overhead power lines and incorporating the Air Force Memorial and surrounding vacant land into Arlington National Cemetery. The project will transform Columbia Pike from South Oak Street to Washington Boulevard by re-aligning and widening it. The project includes street-scape zones with trees on both sides of Columbia Pike, adding a new dedicated bike path, and widening pedestrian walkways. The project also provides for the construction of a new South Nash Street.
“Earlier this month, we recognized the 76th anniversary of D-Day and we remembered the heroism, service, and sacrifice of American servicemen and women in the defense of freedom,” said Assistant Attorney General Jeffrey Bossert Clark of the Justice Department’s Environment and Natural Resources Division. “But every day the ultimate sacrifice of America’s men and women is commemorated at Arlington National Cemetery, our nation’s most hallowed ground. With today’s civil action, we are proud to assist with this important expansion of Arlington Cemetery, which may now continue to serve as a burial ground for America’s fallen well into the future.”
“As part of the Expansion Project, the Department of the Army and others worked to realign roads and real estate to ensure a much needed expansion of Arlington National Cemetery so that this space can continue being a hallowed resting ground for our nation’s service members,” said U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia. “As someone whose grandfather will forever reside at ANC with so many of his friends, brothers, and sisters of the greatest generation, it is particularly meaningful to assist in facilitating this expansion and seek court approval for just compensation for Arlington County.”
June 15, 2020 marks the 156th anniversary of Arlington National Cemetery, which was established as a military cemetery in 1864 during the American Civil War.
Congress authorized the Department of the Army to acquire land, including acquisition by condemnation, if necessary, for the expansion of Arlington National Cemetery. Congress gets its authority from the U.S. Constitution that allows the taking of public county property for a public use. In turn, the government must pay just compensation for the property. Acquisition by condemnation is an open and transparent process that assures fair treatment for landowners and taxpayers alike. The government here is providing just compensation in the form of substitute facilities, including a realigned and redesigned Columbia Pike and the construction of a new South Nash Street.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former CEO Pleads Guilty to Embezzling $8M Intended for Injured ChildrenRead the Press Release
ALEXANDRIA, Va. – A former Arlington business executive pleaded guilty today to embezzling nearly $8 million that was intended to settle claims by children who alleged they were victims of medical malpractice.
According to court documents, Joseph E. Gargan, 59, of Round Hill, was the Chief Executive Office of the Pension Company, Inc., an Arlington business that would execute settlement agreements entered into between civil litigants. Specifically, the Pension Company was hired to transfer money from civil defendants to plaintiffs and to purchase annuities on behalf of minor plaintiffs.
The United States government entered into settlement agreements with plaintiffs in six separate matters. Each of these cases involved children who either claimed to be injured as a result of medical malpractice or who suffered the loss of a parent through alleged medical negligence that occurred at a hospital or clinic operated or insured by the federal government. The settlement agreements required the United States to pay the plaintiff a sum of money and to purchase an annuity on behalf of the injured child. From December 2015 to August 2019, the United States transferred a total of $15,925,000 to the Pension Company to purchase the annuities and execute the six settlement agreements. Gargan embezzled $6,925,000 of this money.
In addition, Gargan embezzled money from a hospital located in New York that was part of a civil settlement with a minor child. The settlement called for, among other things, $3,825,000 to be paid by the hospital to a trust to pay for the care and ongoing medical treatment of the child. The settlement agreement also provided that a portion of the $3,825,000 be paid to a structured settlement broker who would then purchase an annuity which would generate future income for the trust. The Pension Company was retained as the structured settlement broker. From October 2018 to March 2020, the hospital paid the Pension Company a total of $1,032,750 to fund the purchase of an annuity on behalf of the trust. Gargan embezzled all $1,032,750.
In some cases, Gargan attempted to conceal his criminal activity by creating false documents purporting to show that he had purchased the annuities when, in fact, he had embezzled and converted that money to his own use. Gargan also made payments to the plaintiffs falsely claiming the payments were proceeds from an annuity, when, in fact, the payments were made only to conceal his criminal conduct.
The total amount embezzled by Gargan is $7,957,750.
Gargan pleaded guilty to embezzlement of government funds and wire fraud and faces a maximum penalty of 30 years in prison when sentenced on September 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after U.S. District Judge Rossie D. Alston, Jr. accepted the plea. Assistant U.S. Attorney William Fitzpatrick is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-110.
DOJ Observes 15th Annual World Elder Abuse Awareness DayRead the Press Release
ALEXANDRIA, Va. – Today, U.S. Attorney G. Zachary Terwilliger joined Attorney General William P. Barr and the entire Department of Justice in observing the 15th Annual World Elder Abuse Awareness Day.
The Department echoes voices around the world condemning elder abuse, neglect and exploitation.
“As our nation and its elders continue to meet the challenges of this pandemic, we are doing everything in our power to identify and prosecute the fraudsters who try to exploit our seniors,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Combatting elder abuse and financial fraud remains one of our top priorities, and we continue to fight for justice in these important cases.”
The COVID-19 pandemic has created unprecedented challenges for our country and the world, but among those most severely affected by the threat of the novel virus are our senior citizens. During this time when seniors are most vulnerable and isolated from their families and loved ones by social distancing and quarantine restrictions, bad actors have immediately exploited this international tragedy to prey on the elderly through a whole host of scam and fraud schemes. As the world takes this day to remember the elderly during these uncertain times, the Department of Justice remains relentlessly committed, through its department-wide Elder Justice Initiative, to prevent and prosecute fraud on America’s seniors.
The Department will aggressively prosecute fraudsters exploiting the COVID-19 pandemic and targeting seniors offering them fake testing kits and fake help obtaining stimulus and Paycheck Protection Program Funds. To identify and combat this fraud, the Eastern and Western Districts of Virginia joined federal and state law enforcement partners in March 2020 to form the Virginia Coronavirus Fraud Task Force. The task force reviews and investigates all credible leads of fraud associated with the coronavirus pandemic, focusing on schemes to exploit vulnerable populations, including the elderly. The task force has also prioritized outreach to enable seniors to identify and guard against fraud schemes during the pandemic. On this day dedicated to recognizing our seniors, the Department of Justice sends a strong message that we continue the fight to keep seniors safe a top priority.
Earlier this year Attorney General Barr declared “Prevention and Disruption of Transnational Elder Fraud” to be an Agency Priority Goal, making it one of the Department’s four top priorities. Over the last year, the Eastern District of Virginia has brought federal charges in eight cases of elder fraud, including the following transnational schemes:
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- U.S. v. Choksi, et al., 3:19-CR-160 - Choksi and his wife, Majmudar, served as money mules for Indian call centers that impersonated law enforcement officials to trick and coerce victims into mailing cash by convincing the victims that it was in their best interests to do so. The scheme generally started with “robocalls”, designed to create a sense of urgency with unsuspecting recipients. Callers told recipients that they had some sort of serious legal problem, and that if they did not immediately take a particular action, then there would be drastic consequences, including arrest, significant financial penalties, or cessation of government benefits. The fraudsters told recipients that, to prevent these dire consequences, the recipients must pay money, by wire transfer or cash, to some purported government entity. The conspiracy operated cells in multiple states, including New Jersey, California, Indiana, Texas, Illinois and Minnesota.
- U.S. v. Anikkhan Yusufkhan Pathan, 1:20-CR-20 - Pathan served as a money mule for Indian call centers that contacted victims by phone and, through various schemes, induced them to send money by wire transfers to various aliases. The schemes included variants of loan fraud, through which conspirators promised new loans and/or loan consolidation. Once victims provided their bank information, conspirators deposited worthless checks and directed victims to immediately withdraw the credited funds and wire them to a separate account. Conspirators also contacted victims through mass mailings and, posing as the victims’ true mortgage lenders, directed victims to begin making their mortgage payments to accounts controlled by conspirators. Finally, conspirators contacted victims by phone and, posing as employees of Microsoft, advised victims that their computers contained fatal viruses that would cause irreparable harm if victims did not immediately remit payment for repair.
- U.S. v. William Onyebuchi Ogbonna, 2:19-CR-84 - Between October 2016 and March 2019, Ogbonna participated in a conspiracy to defraud between 80 and 100 elderly U.S. victims. To facilitate this scheme, conspirators contacted victims and falsely claimed that the victims were due a large inheritance or had won a foreign lottery. Conspirators told victims they would receive large sums in return for up-front payments of the associated taxes and fees. Conspirators also perpetrated business email compromise scams by compromising business emails and then contacting business clients and employees and requesting a transfer of funds. In all cases, conspirators directed victims to wire money to various bank accounts, including accounts opened by Ogbonna. After receiving these proceeds, Ogbonna transferred a portion of those proceeds via cashier’s checks and wires to conspirators in China and Nigeria.
- United States v. Nena Kerny Kochuga, 2:19-cr-22 - Kochuga executed a Jamaican lottery scheme that targeted elderly victims, who she and conspirators would contact by phone. Kochuga told victims that they had won the lottery and were required to pay purported taxes and fees to claim the winnings. She directed victims to mail and wire money to her residential and post office box addresses in Virginia. Kochuga then sent money to conspirators in Jamaica and Ghana via Western Union wire transfers, keeping a portion for herself. Through this conduct, Kochuga and her conspirators defrauded numerous victims of at least $50,000. According to local media coverage, Kochuga has targeted elderly victims with similar lottery scams for most of the past decade. In September 2019, Kochuga was sentenced to over two years in prison and ordered to pay over $64,000 in restitution to her victims.
Reflecting its commitment to prioritizing cases involving the elderly, the Department has taken the following actions:
- National Elder Fraud Hotline: 833-FRAUD-11
Earlier this year Attorney General Barr launched a National Elder Fraud Hotline. Staffed by experienced case managers who provide personalized support to callers, the hotline serves to assist elders and caretakers who believe they have been a victim of fraud by reporting and providing appropriate services.
- Transnational Elder Fraud Strike Force: Established in June 2019 to combat foreign elder fraud schemes, the Strike Force is composed of the Department’s Consumer Protection Branch and six U.S. Attorneys’ Offices along with FBI special agents, Postal Inspectors, and numerous other law enforcement personnel. Since its inception, prosecutors in Strike Force districts brought cases against more than 140 sweep defendants.
- Annual Elder Justice Sweep: In March of this year, the Attorney General announced the largest coordinated sweep of elder fraud cases in department history. The Department, together with every U.S. Attorney’s office, charged more than 400 defendants, causing over $1 billion in loss through fraud schemes that largely affected seniors. The Eastern District of Virginia ranked fourth nationally in the number of criminal cases charged during this sweep after charging 16 defendants in 8 separate cases.
- Money Mule Initiative: Since October 2018, the Department and its law enforcement partners began a concentrated effort across the country and around the world to disrupt, investigate, and prosecute money mule activity used to facilitate fraud schemes, especially those victimizing senior citizens. In 2019 actions were taken to halt the conduct of more than 600 domestic money mules, exceeding a similar effort against approximately 400 mules in the previous year. The Eastern District of Virginia brought two criminal cases against money mules who knowingly received elderly victims funds as part of large-scale Indian call center cases.
- Holding foreign-based perpetrators and those that flee the United States accountable: Transnational criminal organizations are targeting our elder population in schemes including mass mailing fraud, grandparent scams, romance scams, lottery and sweepstakes scams, IRS and Social Security Administration imposter scams, and technical-support scams. Through the above criminal actions, the Eastern District of Virginia has identified and continues to pursue justice against the overseas actors responsible for targeting and deceiving elders.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
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DOJ Filing Supports Major Expansion of Arlington National CemeteryRead the Press Release
ALEXANDRIA, Va. – The Department of Justice filed today a civil action on behalf of the Department of the Army for the taking of roadways owned or operated by Arlington County, Virginia, by eminent domain for the purpose of expanding Arlington National Cemetery.
The taking and relocation of these roadways, together with future planned acquisitions from the Commonwealth of Virginia, will establish a single, contiguous parcel of land south of the existing cemetery. The incorporation of this land into the cemetery will create a 49-acre contiguous parcel available for cemetery development.
When completed, the Arlington National Cemetery Southern Expansion Project will provide for approximately 60,000 additional burial sites, including an above ground columbarium. The expansion will extend the timeline for Arlington National Cemetery to continue as an active military cemetery. The total project cost, including the related Defense Access Roads Project, is estimated at $420 million, and Congress already has appropriated $280 million in Project-related funding.
The expansion project will benefit Arlington County and its residents by, among other things, burying overhead power lines and incorporating the Air Force Memorial and surrounding vacant land into Arlington National Cemetery. The project will transform Columbia Pike from South Oak Street to Washington Boulevard by re-aligning and widening it. The project includes street-scape zones with trees on both sides of Columbia Pike, adding a new dedicated bike path, and widening pedestrian walkways. The project also provides for the construction of a new South Nash Street.
“Earlier this month, we recognized the 76th anniversary of D-Day and we remembered the heroism, service, and sacrifice of American servicemen and women in the defense of freedom,” said Jeffrey Bossert Clark, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division. “But every day the ultimate sacrifice of America’s men and women is commemorated at Arlington National Cemetery, our nation’s most hallowed ground. With today’s civil action, we are proud to assist with this important expansion of Arlington Cemetery, which may now continue to serve as a burial ground for America’s fallen well into the future.”
June 15, 2020 marks the 156th anniversary of Arlington National Cemetery, which was established as a military cemetery in 1864 during the American Civil War.
“As part of the Expansion Project, the Department of the Army and others worked to realign roads and real estate to ensure a much needed expansion of Arlington National Cemetery so that this space can continue being a hallowed resting ground for our nation’s service members,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “As someone whose grandfather will forever reside at ANC with so many of his friends, brothers, and sisters of the greatest generation, it is particularly meaningful to assist in facilitating this expansion and seek court approval for just compensation for Arlington County.”
Congress authorized the Department of the Army to acquire land, including acquisition by condemnation, if necessary, for the expansion of Arlington National Cemetery. Congress gets its authority from the U.S. Constitution that allows the taking of public county property for a public use. In turn, the government must pay just compensation for the property. Acquisition by condemnation is an open and transparent process that assures fair treatment for landowners and taxpayers alike. The government here is providing just compensation in the form of substitute facilities, including a realigned and redesigned Columbia Pike and the construction of a new South Nash Street.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cv-667.
U.S. Attorney Announces over $1.8M in DOJ Grants Related to COVID-19Read the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced that various jurisdictions across the Eastern District of Virginia have recently been awarded over $1.8 million in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grants, to Prince William County ($343,909), City of Richmond ($477,498), City of Virginia Beach ($258,160), City of Newport News ($335,673), City of Hopewell ($34,117), and Fairfax County ($402,297), are available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“Those on the front lines of the public safety response to the coronavirus have our support, gratitude, and utmost respect,” said Terwilliger. “The Department of Justice provides this funding with significant flexibility, so that state and local departments can use it in the ways that best benefit their officers and their community.”
The grants come on the heels of a separate DOJ grants of nearly $14 million to the Virginia Department of Criminal Justice Services ($10,832,775), City of Petersburg ($98,689), City of Alexandria ($113,197), County of Hanover ($39,736), City of Suffolk ($97,120), Town of Leesburg ($38,812), County of Stafford ($112,153), James City County ($34,507), City of Chesapeake ($386,783), Henrico County ($214,763), Chesterfield County ($185,482), City of Norfolk ($564,663), Manassas City ($41,306), Fredericksburg ($43,658), and Loudoun County ($114,472) announced in May, and to the cities of Portsmouth ($251,760), Hampton ($160,366), and the counties of Arlington ($136,727) York ($45,881) and Spotsylvania ($90,846) announced last week.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Texas Man Sentenced for Cocaine Trafficking and Money LaunderingRead the Press Release
ALEXANDRIA, Va. – A Houston man was sentenced today to 15 years in prison for conspiring to distribute up to 15 kilograms of cocaine and conspiring to commit money laundering.
According to court documents, between June 2014 and November 2016, Naleth Vongsengchanh, 51, engaged in a conspiracy to traffic kilogram quantities of cocaine to the Virginia region for redistribution and to launder the proceeds. In the beginning of the conspiracy, Vongsengchanh resided in the Virginia region and sold cocaine locally before moving to Houston. Beginning in January 2015, Vongsengchanh began providing other individuals with kilogram quantities of cocaine to be couriered from Texas to the Virginia region by car.
Additionally, Vongsengchanh and his spouse, Oksana Vovk, utilized numerous bank accounts to launder the drug proceeds stemming from the cocaine trafficking. One of the utilized accounts was for an illegitimate business known as Stylish Traveler LLC through which Vongsengchanh and Vovk laundered over $78,000. In addition to the laundering of the proceeds, Vongsengchanh received payment for cocaine via other individuals transporting bulk cash currency for him and Vovk from the Virginia region to Texas.
Vongsengchanh is a career offender with a lengthy criminal history to include felony convictions for voluntary manslaughter while armed, assault with a dangerous weapon, aggravated assault with a deadly weapon, and two convictions for possession of a controlled substance with intent to distribute.
Voyk pleaded guilty to conspiracy to commit money laundering and was sentenced to over two years in prison.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Russian Roulette. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Mark Herring, Attorney General for Virginia; Nick Proffitt, U.S. Marshal for the Eastern District of Virginia; Colonel James Morris, Vienna Chief of Police; Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; Michael L. Brown, Alexandria Chief of Police; and M. Jay Farr, Arlington County Chief of Police, made the announcement after sentencing by Senior U.S. District Judge Claude M. Hilton. Special Assistant U.S. Attorney General Karolina Klyuchnikova prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-33.
Man Arrested for Threatening to Burn Down African American ChurchRead the Press Release
NORFOLK, Va. – A North Carolina man was arrested today on a charge related to his alleged threat to burn down an African American church in Virginia Beach.
John Malcolm Bareswill, 63, who lives in Catawba, North Carolina, and works in Virginia Beach, is scheduled to make his initial appearance in federal court today in Norfolk at 2 p.m.
According to court documents, Bareswill allegedly called a Virginia Beach church with a predominantly African American congregation, made racially derogatory remarks, and threatened to set the church on fire. The threatening call was placed on June 7, several days after one of the church’s leaders took part in a public prayer vigil and peaceful demonstration for George Floyd.
“Our office takes seriously any threat to the lives and well-being of our fellow citizens,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “Threats meant to silence or intimidate people because of their race or religion, like the one allegedly made here, have our highest priority. “No one should be made to fear for their safety or the safety of their church for speaking out, and we will seek justice for victims of those who allegedly violate that right.”
According to the affidavit in support of the criminal complaint, on June 7, a church member informed the Virginia Beach Police Department that between approximately 10:00 a.m. and 11:30 a.m, a male caller had called the church’s land line telephone. According to witnesses, the call was placed on speakerphone and overheard by two adult members of the church and also several children. The caller stated words to the effect of “you [racial slur] need to shut up”, and threatened to set fire to the church.
“The FBI’s highest priority is protecting the communities we serve,” said Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Division. “We take all threats of violence seriously and will respond quickly to intervene, working with our law enforcement partners to keep Hampton Roads safe. As always, we encourage the public to remain vigilant and report threats or suspicious activities immediately to the FBI by calling 1-800-CALL-FBI or online at https://www.fbi.gov/tips.”
Bareswill is charged with making a telephonic threat to use fire to kill, injure, or intimidate any individual, or unlawfully to damage or destroy a building. If convicted, Bareswill faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Division, Tony Zucaro, Jr., Acting Chief of the Virginia Beach Police Department, and David Hutcheson, Chief of the Virginia Beach Fire Department, made the announcement. Assistant U.S. Attorney Andrew Bosse is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-mj-230.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Man Arrested for Sextortion Scheme Involving Minor ChildrenRead the Press Release
ALEXANDRIA, Va. – A Warrenton man was arrested today for his alleged role in a sextortion scheme involving minor children.
According to court documents, Filippo Parlagreco, 35, allegedly sought and obtained via a social media application sexually explicit images of an 11-year-old minor, threatened to disseminate the images if the minor did not produce more, and then shared sexually explicit images of the minor with others via encrypted messaging applications. As alleged in the complaint, law enforcement identified the minor victim after another minor victim notified the police that the defendant had posted photos of her undressed on a social media application without her consent, and demanded additional images from her as a condition of taking the photos down.
Parlagreco is charged with sexual exploitation of children. If convicted, he faces a mandatory minimum of 15 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement. Special Assistant U.S. Attorney Gwendelynn Bills is prosecuting the case.
This case is being investigated by the FBI’s Washington Field Office’s Child Exploitation and Human Trafficking Task Force, composed of FBI agents and local, state and federal partners.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-mj-155.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Businessman Sentenced to Prison for $1.4 Million Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A North Carolina man was sentenced today to over six years in prison for his role in orchestrating an investment fraud scheme that caused over $1.4 million in losses to multiple victims.
According to court records and evidence presented at trial, Anthony Eric Mitchell, 52, of Charlotte, was one of the two managing principals of a company called Aura Exchange LLC (AURA). Mitchell and his co-conspirator, Armando Almirall, through AURA, promised their clients that they could help obtain funding for a host of business purposes, such as real estate transactions and television projects. Instead, Mitchell and Almirall spent large portions of their clients’ funds on personal expenses, including trips to casinos, concert tickets, stays at beach resorts, cash withdrawals, and wire transfers overseas on speculative investments.
In order to induce the victims to provide AURA with money, Mitchell and Almirall made numerous fraudulent misrepresentations. The two promised clients that they were guaranteed to receive their initial equity deposits back when, in fact, none of the victims ever received any money from AURA. Mitchell and Almirall claimed that AURA had offices in Zurich, London, and New York when no such offices existed. Mitchell and Almirall also falsely claimed that AURA controlled valuable precious metals, such as nickel wire, that could be “monetized” in order to generate huge profits.
Mitchell and Almirall also maintained a website for AURA that contained a number of misrepresentations, including claims that AURA was an industry leader in a number of fields, that AURA was an international business with access to hundreds of financiers, and that AURA could turn around funding to its clients in as little as 24 hours. AURA never made any money for any of its clients, and in fact, victims of the fraud suffered losses of at least $1.47 million.
In October 2019, Mitchell was convicted on all counts after a five-day jury trial. Mitchell was also ordered to pay full restitution to the victims of the crime.
Mitchell’s business partner and co-conspirator, Armando Almirall, previously pleaded guilty to conspiracy to commit wire fraud and was sentenced to over five years in prison in February 2020.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after sentencing by U.S. District Judge Anthony J. Trenga. Assistant U.S. Attorney Jamar K. Walker and Special Assistant U.S. Attorney Russell L. Carlberg prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:19-cr-101.
Former DEA Official Pleads Guilty to Elaborate $4M Fraud SchemeRead the Press Release
ALEXANDRIA, Va. – A former Drug Enforcement Administration (DEA) public affairs officer pleaded guilty today to defrauding at least a dozen companies of over $4.4 million by posing falsely as a covert officer of the Central Intelligence Agency (CIA).
According to court documents, Garrison Kenneth Courtney, 44, of Florida, falsely claimed to be a covert officer of the CIA involved in a highly-classified program or “task force” involving various components of the United States Intelligence Community and the Department of Defense. According to the false story told by Courtney, this supposed classified program sought to enhance the intelligence gathering capabilities of the United States government. In truth, Courtney had never been employed by the CIA, and the task force that he described did not exist.
To accomplish the fraud, Courtney approached numerous private companies with some variation of this false story, and claimed that the companies needed to hire and pay him to create what Courtney described as “commercial cover,” i.e., to mask his supposed affiliation with the CIA. Courtney also fraudulently claimed that the companies would be reimbursed in the future for these salary payments, sometimes by the award of lucrative contracts from the United States government in connection with the supposedly classified program.
Courtney went to extraordinary lengths to perpetuate the illusion that he was a deep-cover operative. Among other things, he falsely claimed that his identity and large portions of his conduct were classified; directed victims and witnesses to sign fake nondisclosure agreements that purported to be from the United States government and that forbade anyone involved from speaking openly about the supposedly classified program; told victims and witnesses that they were under surveillance by hostile foreign intelligence services; made a show of searching people for electronic devices as part of his supposed counterintelligence methods; demanded that his victims meet in sensitive compartmented information facilities (SCIFs) to create the illusion that they were participating in a classified intelligence operation; and repeatedly threatened anyone who questioned his legitimacy with revocation of their security clearance and criminal prosecution if they “leaked” or continued to look into the supposedly classified information. Courtney further created fake letters, purporting to have been issued by the Attorney General of the United States, which claimed to grant blanket immunity to those who participated in the supposedly classified program.
As a further part of the scheme, Courtney created a fraudulent backstory about himself, claiming that he had served in the U.S. Army during the Gulf War, had hundreds of confirmed kills while in combat, sustained lung injuries from smoke caused by fires set to Iraq’s oil fields, and that a hostile foreign intelligence service had attempted to assassinate him by poisoning him with ricin. All of these claims were false.
Courtney also convinced several real governmental officials that he was participating in this “task force,” explained that they had been selected to participate in the program, and then used those officials as unwitting props falsely to burnish his legitimacy. For example, he directed his victims to speak with these public officials to verify his claims, and separately instructed the government officials as to exactly what to say. Courtney thereby created the false appearance to the victims that the government officials had independently validated his story, when in fact the officials merely were echoing the false information fed to them by Courtney. At times, Courtney also convinced those officials to meet with victims inside secure government facilities, thereby furthering the false appearance of authenticity.
Through the scheme, Courtney also fraudulently gained a position working as a private contractor for the National Institutes of Health Information Technology Acquisition and Assessment Center (NITAAC), a branch of NIH that provides acquisition support services to federal agencies. Once he had installed himself at NITAAC, Courtney gained access to sensitive, nonpublic information about the procurements of other federal agencies being supported by NITAAC. Courtney thereafter used that information to attempt to corrupt the procurement process by steering the award of contracts to companies where he was then also on the payroll, and used the false pretext of national security concerns to warp the process by preventing full and open competition.
Courtney pleaded guilty to wire fraud and faces a maximum sentence of 20 years in prison when sentenced on October 23. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; and James A. Dawson, Special Agent in Charge, Criminal Division, FBI Washington Field Office, made the announcement after Senior U.S. District Judge Liam O'Grady accepted the plea. Assistant U.S. Attorneys Matthew Burke, Heidi Boutros Gesch, and Raj Parekh, and Todd Gee, Deputy Chief of the Department of Justice’s Public Integrity Section, are prosecuting the case.
Investigative agency partners include CIA OIG; Intelligence Community OIG; National Geospatial-Intelligence Agency OIG; Air Force Office of Special Investigations; U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit (MPFU); Defense Criminal Investigative Service’s (DCIS) Mid-Atlantic Field Office; Department of Justice OIG; U.S. Department of Health and Human Services (HHS) OIG; and Naval Criminal Investigative Service (NCIS) Washington Field Office.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-84.
Former DEA Official Pleads Guilty to Elaborate $4 Million Fraud SchemeRead the Press Release
A former Drug Enforcement Administration (DEA) public affairs officer pleaded guilty today to defrauding at least a dozen companies of over $4.4 million by posing falsely as a covert officer of the Central Intelligence Agency (CIA).
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger for the Eastern District of Virginia, and Special Agent in Charge James A. Dawson of the FBI’s Washington Field Office Criminal Division made the announcement
Garrison Kenneth Courtney, 44, of Tampa, Florida, pleaded guilty before Senior U.S. District Judge Liam O'Grady. Sentencing has been scheduled for Oct. 23, 2020.
According to court documents, Courtney falsely claimed to be a covert officer of the CIA involved in a highly-classified program or “task force” involving various components of the United States Intelligence Community and the Department of Defense. According to the false story told by Courtney, this supposed classified program sought to enhance the intelligence gathering capabilities of the United States government. In truth, Courtney had never been employed by the CIA, and the task force that he described did not exist.
To accomplish the fraud, Courtney approached numerous private companies with some variation of this false story, and claimed that the companies needed to hire and pay him to create what Courtney described as “commercial cover,” i.e., to mask his supposed affiliation with the CIA. Courtney also fraudulently claimed that the companies would be reimbursed in the future for these salary payments, sometimes by the award of lucrative contracts from the United States government in connection with the supposedly classified program.
Courtney went to extraordinary lengths to perpetuate the illusion that he was a deep-cover operative. Among other things, he falsely claimed that his identity and large portions of his conduct were classified; directed victims and witnesses to sign fake nondisclosure agreements that purported to be from the U.S. government and that forbade anyone involved from speaking openly about the supposedly classified program; told victims and witnesses that they were under surveillance by hostile foreign intelligence services; made a show of searching people for electronic devices as part of his supposed counterintelligence methods; demanded that his victims meet in sensitive compartmented information facilities to create the illusion that they were participating in a classified intelligence operation; and repeatedly threatened anyone who questioned his legitimacy with revocation of their security clearance and criminal prosecution if they “leaked” or continued to look into the supposedly classified information. Courtney further created fake letters, purporting to have been issued by the Attorney General of the United States, which claimed to grant blanket immunity to those who participated in the supposedly classified program.
As a further part of the scheme, Courtney created a fraudulent backstory about himself, claiming that he had served in the U.S. Army during the Gulf War, had hundreds of confirmed kills while in combat, sustained lung injuries from smoke caused by fires set to Iraq’s oil fields, and that a hostile foreign intelligence service had attempted to assassinate him by poisoning him with ricin. All of these claims were false.
Courtney also convinced several real governmental officials that he was participating in this “task force,” explained that they had been selected to participate in the program, and then used those officials as unwitting props falsely to burnish his legitimacy. For example, he directed his victims to speak with these public officials to verify his claims, and separately instructed the government officials as to exactly what to say. Courtney thereby created the false appearance to the victims that the government officials had independently validated his story, when in fact the officials merely were echoing the false information fed to them by Courtney. At times, Courtney also convinced those officials to meet with victims inside secure government facilities, thereby furthering the false appearance of authenticity.
Through the scheme, Courtney also fraudulently gained a position working as a private contractor for the National Institutes of Health (NIH) Information Technology Acquisition and Assessment Center (NITAAC), a branch of NIH that provides acquisition support services to federal agencies. Once he had installed himself at NITAAC, Courtney gained access to sensitive, nonpublic information about the procurements of other federal agencies being supported by NITAAC. Courtney thereafter used that information to attempt to corrupt the procurement process by steering the award of contracts to companies where he was then also on the payroll, and used the false pretext of national security concerns to warp the process by preventing full and open competition.
Investigative agency partners include CIA Office of Inspector General (OIG); Intelligence Community OIG; National Geospatial-Intelligence Agency OIG; Air Force Office of Special Investigations; U.S. Army Criminal Investigation Command’s Major Procurement Fraud Unit; Defense Criminal Investigative Service’s Mid-Atlantic Field Office; Department of Justice OIG; U.S. Department of Health and Human Services OIG; and Naval Criminal Investigative Service Washington Field Office.
Deputy Chief Todd Gee of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorneys Matthew Burke, Heidi Boutros Gesch, and Raj Parekh are prosecuting the case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Cocaine Supplier Pleads Guilty to Drug Trafficking in Hampton RoadsRead the Press Release
NORFOLK, Va. – A North Carolina man pleaded guilty today for his role in a cocaine-trafficking conspiracy targeting Virginia communities.
According to court documents, Razagin Kaseen Lee, 46, of Elizabeth City, was the North Carolina-based cocaine source of supply for the family-run Jones Drug-Trafficking Organization based in Portsmouth. The organization’s leader, Malcolm Jones, Sr., was recently sentenced to 24 years in prison for his part in the conspiracy, and co-conspirators Corey Jones, Dominic Jones, Raewkon Pierce, and Malcolm Jones, Jr., have all pleaded guilty and are scheduled to be sentenced next month.
Lee participated in this conspiracy for almost four years before he was caught. In September 2019, law enforcement officers searched his Elizabeth City residence and recovered more than 3.2 kilograms of cocaine, two 9mm handguns, more than $213,000 in cash, and two luxury vehicles, all of which are subject to forfeiture.
Lee pleaded guilty to conspiring to distribute and possess with intent to distribute five kilograms or more of cocaine. Lee faces a mandatory minimum of 10 years and a maximum penalty of life in prison when sentenced on September 16. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Colonel Gary T. Settle, Superintendent of Virginia State Police; Col. K.L. Wright, Chief of Chesapeake Police; Larry D. Boone, Chief of Norfolk Police; Eddie M. Buffaloe, Jr., Chief of Elizabeth City Police; and Tommy Wooten II, Pasquotank County Sheriff, made the announcement after U.S. District Judge Raymond A. Jackson accepted the plea. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-15.
Seven Foreign Nationals Charged in Maritime Drug Trafficking InterdictionsRead the Press Release
NEWPORT NEWS, Va. – Seven foreign nationals who were detained by the U.S. Coast Guard in international waters have been charged for their respective roles in attempting to smuggle hundreds of kilograms of cocaine and marijuana into the United States.
Since November 2018, members of the DEA Hampton Post of Duty, in partnership with DEA Bogota, Homeland Security Investigations Norfolk, and the Hampton Police Division, have been investigating maritime smuggling operations based on the Pacific coast of Colombia.
According to court documents, in May 2020, members of the investigative team learned of an operation to transport over 400 kilograms of cocaine from the area of Punta Aji on the west coast of Colombia to an awaiting vessel being dispatched from Central America.
On May 16, the U.S. Coast Guard (USCG) Cutter Confidence detected a Go-Fast Vessel (GFV) with no indicia of nationality 123 nautical miles southeast of Punta Naranjo, Panama, in international waters. As USCG personnel approached the GFV, the crew of the GFV began to jettison fuel barrels and packages into the ocean.
After gaining positive control of the GFV, a USCG boarding team encountered Colombian nationals Dalmiro Camacho, 55, Marcos R. Salas, 28, and Yivio C. Valencia, 33, and subsequently recovered 14 bales containing approximately 494 kilograms of cocaine from the ocean.
In a separate case, according to court documents, in May 2020, members of the investigative team learned of a GFV that was planning to transport nearly 1,500 kilograms of marijuana from the area of Punta Aji to an awaiting vessel being dispatched from Central America. On May 19, USCG Cutter James detected a GFV with no indicia of nationality located in the area of 83 nautical miles southwest of El Cacao, Panama, in international waters.
After gaining positive control of the GFV, a USCG boarding team encountered Costa Rican nationals Junior Smith-Meria, 28, Juan Emiliano Sanchez-Cascante, 30, Julio Cesar-Flores, 22, and Manfred Deihann Hidalgo-Ching, 28, and subsequently seized approximately 88 bales containing approximately 1,500 kilograms of marijuana.
The defendants are charged with the manufacture, distribution, or possession of a controlled substance on a vessel. If convicted, each defendant faces a maximum penalty of life in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
The case was investigated as part of the Organized Crime Drug Enforcement Task Forces (OCDETF), Operation Fuhz. The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division; Raymond Villanueva, Special Agent in Charge of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) Washington, D.C.; and Terry L. Sult, Chief of Hampton Police Division, made the announcement. Assistant U.S. Attorney Eric M. Hurt is prosecuting the cases.
Investigative participation and assistance was provided by Newport News Sheriff’s Office, York-Poquoson Sheriff’s Office, Newport News Police Department, and the Virginia State Police.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case Nos. 4:20-mj-52 to 58.
U.S. Attorney Announces over $685K in DOJ Grants Related to COVID-19Read the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced that various jurisdictions across the Eastern District of Virginia have recently been awarded over $685,580 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grants, to the cities of Portsmouth ($251,760), Hampton ($160,366), and the counties of Arlington ($136,727) York ($45,881) and Spotsylvania ($90,846), are available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“Those on the front lines of the public safety response to the coronavirus have our support, gratitude, and utmost respect,” said Terwilliger. “The Department of Justice provides this funding with significant flexibility, so that state and local departments can use it in the ways that best benefit their officers and their community.”
The grants come on the heels of a separate DOJ grants of nearly $13 million to the Virginia Department of Criminal Justice Services ($10,832,775), City of Petersburg ($98,689), City of Alexandria ($113,197), County of Hanover ($39,736), City of Suffolk ($97,120), Town of Leesburg ($38,812), County of Stafford ($112,153), James City County ($34,507), City of Chesapeake ($386,783), Henrico County ($214,763), Chesterfield County ($185,482), City of Norfolk ($564,663), Manassas City ($41,306), Fredericksburg ($43,658), and Loudoun County ($114,472) announced in May.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Man Sentenced to Prison for Multiple Armed RobberiesRead the Press Release
NEWPORT NEWS, Va. – A Newport News man was sentenced today to 21 years in prison for participating in armed robberies of a Lyft driver, a Papa John’s Pizza delivery person, and the clerk of a Sunoco gas station.
According to court documents, Darrell R. Pittman, 21, planned and executed a series of armed robberies in Hampton, Newport News and Richmond. During Pittman’s robbery spree, he pointed a firearm at each victim and made threats of violence. In the Hampton and Newport News robberies, Pittman stole vehicles at gunpoint and eventually led police on high speed pursuits through residential neighborhoods. Additionally, Pittman and four accomplices were involved in an accident following a shoplifting incident at a Kohl’s department store in Newport News. The crash resulted in the death of a 78-year-old woman. Pittman escaped from the accident scene and was the subject of a manhunt in Hampton Roads. With the assistance of the media and the public, Pittman was apprehended by the U.S. Marshals Service working in conjunction with ATF and the Newport News Police Department.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Nick Proffitt, U.S. Marshal for the Eastern District of Virginia; Steve R. Drew, Chief of Newport News Police; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; Humberto I. Cardounel, Jr., Chief of Henrico County Police Division; and Terry L. Sult, Chief of Hampton Police Division, made the announcement after sentencing by Chief U.S. District Judge Mark S. Davis. Special Assistant U.S. Attorney Jeremy Franker prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:19-cr-035.
DOJ Awards Nearly $400 Million for Law Enforcement Hiring to Advance Community PolicingRead the Press Release
ALEXANDRIA, Va. – The Department of Justice has announced nearly $400 million in grant funding through the Department’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP).
The Attorney General announced funding awards to 596 law enforcement agencies across the nation, which allows those agencies to hire 2,732 additional full-time law enforcement professionals. The awards announced today are inclusive of the $51 million announced in May as part of Operation Relentless Pursuit.
Four agencies in the Eastern District of Virginia, the Chesterfield County Police Department, City of Manassas, Stafford County Sheriff's Department, and the Westmoreland County Sheriff's Department, were awarded $3,375,000 in funding. The Chesterfield County Police Department received $1,875,000, City of Manassas received $250,000, Stafford County Sheriff's Department received $750,000, and the Westmoreland County Sheriff's Department received $500,000. These Virginia agencies will use the funds to hire new officers and support efforts to address crime.
“The Department of Justice is committed to providing the police chiefs and sheriffs of our great nation with needed resources, tools, and support. The funding announced today will bolster their ranks and contribute to expanding community policing efforts nationwide,” said Attorney General William P. Barr. “A law enforcement agency’s most valuable assets are the men and women who put their lives on the line every day in the name of protecting and serving their communities.”
The COPS Hiring Program is a competitive award program intended to reduce crime and advance public safety through community policing by providing direct funding for the hiring of career law enforcement officers. In addition to providing financial support for hiring, CHP provides funding to state, local, and tribal law enforcement to enhance local community policing strategies and tactics. In a changing economic climate, CHP funding helps law enforcement agencies maintain sufficient sworn personnel levels to promote safe communities. Funding through this program had been on hold since the spring of 2018 due to a nationwide injunction that was lifted earlier this year.
CHP applicants were required to identify a specific crime and disorder problem focus area and explain how the funding will be used to implement community policing approaches to that problem focus area. 43 percent of the awards announced today will focus on violent crime, while the remainder of the awards will focus on a variety of issues including school-based policing to fund school resource officer positions, building trust and respect, and opioid education, prevention, and intervention. The COPS Office received nearly 1,100 applications requesting more than 4,000 law enforcement positions.
The complete list of awards can be found here. To learn more about CHP, please visit cops.usdoj.gov/chp. For additional information about the COPS Office, please visit cops.usdoj.gov.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Statement from United States Attorney G. Zachary TerwilligerRead the Press Release
ALEXANDRIA, Va. – These have been difficult and challenging times over the past 10 weeks due first to a pervasive pandemic and now as a result of great societal unrest. We witnessed the harrowing and disturbing video images of the death of George Floyd. We watched many peaceful protestors exercise their constitutional rights to protest legitimate grievances. And while it should be a time for the nation to grieve, scream, pray, shake with anger, reconcile, and heal, some have turned to violence, destruction, arson, assault, and domestic terrorism.
Many individuals gathering to protest in the Eastern District have done so peacefully. Unfortunately, there are some individuals who seek to actively undermine the efforts of peaceful protestors by inciting violence and destroying the very physical and figurative sinew of local communities of which they are not members.
Following the decisive leadership of Attorney General Barr, we will utilize the existing framework of the Joint Terrorism Task Force model to identify, apprehend and prosecute anyone who uses the guise of protest to incite violence and violate federal laws.
As always, we stand ready to support our federal, state, and local law enforcement officers who bravely put themselves in harm’s way to ensure citizens across the Commonwealth can safely exercise their First Amendment rights.
Woman Sentenced to Prison for $500K Health Care Fraud SchemeRead the Press Release
RICHMOND, Va. – A North Carolina woman was sentenced today to four years in prison for committing a $506,000 fraud on the Virginia Medicaid program
“Medicaid is a system of trust, and Jackson deliberately exploited a loophole in the Virginia Medicaid billing regulations and brazenly bilked taxpayers of over $500,000. When someone commits healthcare fraud, it drives up the cost of care for everyone and creates an unfair playing field. I want to thank our team of investigators, prosecutors, and the Virginia Attorney General’s Medicaid Fraud Control Unit for their terrific work on this case.”
According to court documents, Paulette Jackson, 66, Williamston, was the owner and operator of United Medical Home Oxygen & Medical Supply, a Medicaid-enrolled durable medical equipment provider located in Franklin. When she sought reimbursement from Virginia Medicaid for a certain type of liquid oxygen container refills, Medicaid would reimburse Jackson for her actual oxygen cost plus 30 percent. Jackson inflated the amounts she reported to Medicaid were her actual costs of oxygen. From in 2010 through April 2016, Jackson reported to Medicaid that her costs 45 to 78 times her actual cost of oxygen. From April 2016 through August 2017, Jackson inflated her costs at a rate of 22 times her actual cost of oxygen. By falsely reporting her actual oxygen costs, Jackson, through United Medical, improperly billed Medicaid $506,058.66.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Brian A. Benczkowski, Assistant Attorney General of the Justice Department’s Criminal Division; Mark R. Herring, Attorney General of Virginia; and Maureen R. Dixon, Special Agent in Charge of the Office of Inspector General for the U.S. Department of Health and Human Services (HHS), made the announcement after sentencing by U.S. District Judge John A. Gibney, Jr. Assistant U.S. Attorney Jessica D. Aber and Trial Attorney John Scanlon of the Criminal Division’s Fraud Section prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 3:19-cr-20.
U.S. Attorney Announces over $764K in DOJ Grants Related to COVID-19Read the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today announced that various jurisdictions across the Eastern District of Virginia have recently been awarded over $764,000 in Department of Justice grants to respond to the public safety challenges posed by the outbreak of COVID-19.
The grants, to the cities of Norfolk ($564,663), Manassas ($41,306), Fredericksburg ($43,658) and Loudoun County ($114,472), are available under the Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump. The Justice Department is moving quickly, awarding grants on a rolling basis and aiming to have funds available for drawdown as soon as possible after receiving applications.
“Those on the front lines of the public safety response to the coronavirus have our support, gratitude, and utmost respect,” said Terwilliger. “The Department of Justice provides this funding with significant flexibility, so that state and local departments can use it in the ways that best benefit their officers and their community.”
The grants come on the heels of a separate DOJ grants of over $12 million to the Virginia Department of Criminal Justice Services, City of Petersburg, City of Alexandria, County of Hanover, City of Suffolk, Town of Leesburg, Town of Stafford, James City County, City of Chesapeake, Henrico County, and Chesterfield County, announced earlier this month.
“The outbreak of COVID-19 and the public health emergency it created are sobering reminders that even the most routine duties performed by our nation’s public safety officials carry potentially grave risks,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General for the Office of Justice Programs. “These funds will provide hard-hit communities with critical resources to help mitigate the impact of this crisis and give added protection to the brave professionals charged with keeping citizens safe.”
The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers.
The Office of Justice Programs, directed by Principal Deputy Assistant Attorney General Katharine T. Sullivan, provides federal leadership, grants, training, technical assistance and other resources to improve the nation’s capacity to prevent and reduce crime, assist victims and enhance the rule of law by strengthening the criminal and juvenile justice systems. More information about OJP and its components can be found at www.ojp.gov.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
Man Indicted for COVID-19 Related Loan FraudRead the Press Release
NEWPORT NEWS, Va. – A federal grand jury returned an indictment today charging a Norfolk man with submitting fraudulent disaster-related loan applications in connection with the COVID-19 outbreak that resulted in the disbursement of over $190,000 in proceeds.
“The COVID-19 pandemic continues to affect our communities in innumerable ways,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “The CARES Act provides emergency relief to help mitigate some of those effects. Fraud targeting CARES Act benefits unjustly diverts these resources away from the people and businesses who most need them. EDVA remains steadfastly committed to prosecuting those who seek to exploit this crisis for their own personal gain.”
According to the indictment, from at least March 2020 to May 2020, Joseph Cherry II, 39, allegedly engaged in a scheme to fraudulently obtain disaster-related loan benefits in the form of United States Small Business Administration (SBA) sponsored Economic Injury Disaster (EIDL) loans and a Paycheck Protection Program (PPP) loan. These SBA programs, initiated and expanded under The CARES Act, are designed to provide support for small businesses for expenses related to the COVID-19 outbreak.
“Providing false statements to gain access to SBA’s programs will be aggressively investigated by our office,” said Hannibal “Mike” Ware, Inspector General of the U.S. Small Business Administration. “SBA OIG and its law enforcement partners are poised to root out fraud in SBA’s programs and bring wrongdoers to justice. I want to thank the U.S. Attorney’s Office and our law enforcement partners for their dedication and pursuit of justice.”
This kind of fraud reaches deep into the community by diverting critical funds intended to help struggling businesses survive and help people hold onto their livelihoods. It is unconscionable that anyone would attempt to steal from the community using the CARES Act to line their own pockets during this national crisis. The FBI is committed to rooting out this kind of fraud to help ensure these critical funds go where they are needed most. Anyone with information on CARES Act and other COVID-19 related fraud is asked to submit a tip to the FBI at tips.fbi.gov.”
According to the indictment, Cherry, who was serving a term of federal supervised release, allegedly submitted applications for these loans that contained false statements and misrepresentations related to his income, employment, claimed business entities and prior criminal record. The indictment alleges that Cherry fraudulently obtained proceeds of over $190,000 in April 2020. Further, in a few day period, Cherry converted to cash or a cashier’s check approximately $140,000 of these proceeds.
“The immediacy with which the Deputy Marshals responded in making this arrest should send a clear message to those intending to misuse the financial resources our government is providing to those trying to recover from the ongoing pandemic,” said Nick E. Proffitt, U.S. Marshal for the Eastern District of Virginia. “The public should take comfort in knowing that even in this difficult COVID-19 environment, Deputy United States Marshals are at work each and every day to help ensure the community is safe, and justice is served.”
Cherry is charged in a 10-count indictment with charges of wire fraud, theft of government property, false statements to the small business administration, and money laundering. If convicted, he faces statutory maximums ranging from 10 to 30 years in prison on each count. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“Unfortunately, during these uncertain times, individuals fraudulently take advantage of programs meant to help those in need,” said Kelly R. Jackson, the IRS-CI Special Agent in Charge. “We will prioritize investigations of these shameless perpetrators and work with our law enforcement partners to bring these individuals to justice.”
The Department of Justice remains vigilant in detecting, investigating, and prosecuting wrongdoing related to the COVID-19 pandemic. Under the leadership of Attorney General William Barr, U.S. Attorneys appointed Coronavirus Fraud Coordinators to work with federal, state, local and tribal law enforcement partners to protect the public from scammers who are attempting to prey upon fears. The Department is also committed to preventing hoarding and price gouging for critical supplies during this crisis. To address this, Attorney General Barr created the COVID-19 Hoarding and Price Gouging Task Force. If you think you are a victim of a scam or attempted fraud involving COVID-19, contact the National Center for Disaster Fraud Hotline at 866-720-5721 or via email at disaster@leo.gov. Members of the public in the Eastern District of Virginia are also encouraged to call 804-819-5416, or email USAVAE.COVID19@USDOJ.GOV to reach their local Coronavirus Fraud Coordinator.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Nick E. Proffitt, U.S. Marshal for the Eastern District of Virginia; Hannibal “Mike” Ware, Inspector General of the Small Business Administration (SBA); Martin Culbreth, Special Agent in Charge of the FBI’s Norfolk Field Office; Kelly R. Jackson, Special Agent in Charge, Washington, D.C. Field Office, IRS-Criminal Investigation (IRS-CI); and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Brian Samuels is prosecuting the case.
The Norfolk Police Department Special Operations Team provided significant assistance with the arrest to the U.S. Marshals Fugitive Task Force.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-27.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Convicted Felon Indicted on Fentanyl Distribution ChargesRead the Press Release
NORFOLK, Va. – A federal grand jury returned an indictment late yesterday charging a Portsmouth man for his role fentanyl distribution conspiracy.
According to the indictment, Dujuan Lee, 38, allegedly bought multi-ounce quantities of fentanyl for $10,000 a week over the course of eight months. The DEA, in partnership with the Portsmouth Police Department, made a series of controlled purchases of fentanyl from Lee and arrested him in February. According to the indictment, Lee, a previously convicted felon, was allegedly in possession of drug packaging materials, razors, a digital scale, a sifter, cutting agent, approximately $3,090 in United States currency, a Taurus G2C 9mm firearm, approximately 19.4 grams of fentanyl, and approximately 70.9 grams of cocaine.
Lee is charged with conspiracy to manufacture, distribute, and possess with intent to manufacture and distribute Fentanyl and cocaine; seven counts of distributing fentanyl; possession with intent to distribute fentanyl; possession with intent to distribute cocaine; felon in possession of a firearm and ammunition; and possession of a firearm during and in relation to a drug trafficking crime.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Jesse R. Fong, Special Agent in Charge for the Drug Enforcement Administration’s (DEA) Washington Field Division, made the announcement. Assistant U.S. Attorney John F. Butler is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-34.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Colorado Man Charged with Loan Fraud Scheme Targeting TidewaterRead the Press Release
NEWPORT NEWS, Va. – A federal grand jury returned an indictment today charging a Colorado man with a loan fraud and identity theft scheme.
According to the indictment, Anthony Britton, 44, of Lakewood, participated in a scheme to use stolen identification information to obtain fraudulent personal and vehicle loans through Langley Federal Credit Union (LFCU). In 2015 and 2016, LFCU received numerous online membership and consumer loan applications in the names of stolen identities, and approved and issued the requested memberships and loans prior to determining that they had been sought using the stolen personal identifying information of others. LFCU disbursed loan proceeds via checks and transfers into the checking and savings accounts opened through these fraudulent applications. Vehicle loan proceeds were disbursed by checks made payable to individuals posing as vehicle sellers, while personal loan proceeds were disbursed to LFCU accounts opened in connection with the fraudulent loan applications and transferred to accounts of others, including Britton. The indictment alleges that conspirators then accessed and withdrew the fraudulently obtained loan proceeds and routed them to other accounts to the benefit of Britton.
Britton is charged in a 10 count indictment with conspiracy to commit bank fraud and charges of bank fraud and aggravated identity theft. If convicted, he faces a maximum penalty of 30 years on the bank fraud charges and a mandatory consecutive term of two years on the aggravated identity theft charges. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service, made the announcement. Assistant U.S. Attorney Brian Samuels is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 4:20-cr-28.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
U.S. Attorney Hosts Roundtable on Human Trafficking in Northern Va.Read the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger today hosted a virtual law enforcement roundtable aimed at combatting human trafficking in Northern Virginia.
“Human trafficking is modern day slavery,” said Terwilliger. “As someone who personally investigated and prosecuted these cases earlier in my career, there is no more just prosecution than holding accountable those who would sell, sexually and physically exploit, and ultimately discard a human being.”
The roundtable included law enforcement partners from the U.S. Attorney’s Office; FBI; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); Department of Labor, Office of Inspector General; and Department of State, Diplomatic Security Service.
Morris Parker, Assistant U.S. Attorney and Chief of the Major Crimes Unit at EDVA, led the discussion of EDVA’s strategic plan on human trafficking, which primarily focuses on: 1) The identification of human trafficking victims; 2) Identification and prosecution of human traffickers; and, 3) Improving intelligence, information sharing, and coordination amongst law enforcement to ensure that we are rescuing victims, disrupting trafficking schemes, and holding traffickers accountable as quickly as possible.
The discussion of the strategic plan was followed by a presentation on trends in human trafficking investigations led by Assistant U.S. Attorney Maureen C. Cain, EDVA’s Human Trafficking Coordinator and Chair of the Law Enforcement Committee for the Northern Virginia Human Trafficking Task Force. A leading expert, Cain was honored in 2019 with the Top Prosecutor Award by Women in Federal Law Enforcement Foundation for her work in combatting human trafficking.
Specific trends in human trafficking that were discussed included: Law enforcement focus on repeat runaways who are particularly vulnerable and susceptible to human trafficking; targeting of runaway girls by MS-13, and multiple reports to law enforcement of MS-13 sex trafficking young girls and beating them with baseball bats; law enforcement focus on the demand side of human trafficking on the internet, including law enforcement undercover operations involving the advertising of sex with minor victims.
The day concluded with a presentation by Cain and Assistant U.S. Attorney Raizza Ty, EDVA’s Border Security Coordinator, on some of the challenges of forced labor investigations including; identification of particular industries that are susceptible to labor trafficking, such as farming and service-related industries; educating law enforcement to recognize forced labor indicators; victims are often foreign nationals in the country on a work visa, and traffickers have control of the victim’s passport, and use it to control the victim.
Combatting human trafficking, primarily juvenile sex trafficking, has been a priority for EDVA for the last decade. Terwilliger, in his previous capacity as an Assistant U.S. Attorney, was part of an original human trafficking group that specifically targeted and dismantled MS-13 juvenile sex trafficking conspiracies. He also served as an adjunct professor at George Washington University’s Elliott School of International Affairs where he taught an advanced course on human trafficking. Terwilliger currently serves as a member of the Law Enforcement Advisory Committee for the world renowned National Center for Missing and Exploited Children (NCMEC). This prior experience has informed Terwilliger and EDVA’s continued prioritization of combatting human trafficking in EDVA.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
International Gun-Trafficker Pleads Guilty to Role in Straw Purchase SchemeRead the Press Release
NORFOLK, Va. – A New Jersey resident and citizen of the Dominican Republic pleaded guilty today to helping arrange the straw purchase of multiple handguns.
“Straw purchasers are often literally arming criminals,” said G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia. “We will continue to aggressively pursue these cases, seek to obtain felony convictions, and work with local federally licensed firearms dealers and our partners at the ATF to stop the flow of illegally purchased firearms from hitting the street.”
According to information before the court, Greilin Eurinio Santana-Munoz, 31, a carnival worker and convicted felon, used several straw purchasers to obtain at least 25 handguns from federally licensed gun stores in Virginia and Georgia, which he then shipped out of the country to the Dominican Republic. He had an associate straw purchase 10 handguns from Virginia gun stores in Chantilly, Manassas, and Virginia Beach. He was arrested in Georgia after ATF agents watched another straw purchaser buy four handguns at yet another gun store and deliver them to him while he was waiting outside the store in his vehicle.
Santana-Munoz pleaded guilty to aiding and abetting a co-conspirator causing a federally licensed gun store to maintain false records. He faces a maximum of five years in prison when sentenced on Sept. 18, 2020. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
“The intent of straw purchasing firearms is clear - to provide weapons to individuals who cannot possess them legally, generally for the commission of crimes,” said Ashan M. Benedict, Special Agent in Charge of ATF’s Washington Field Division. “This defendant’s plea concludes a multi-state and international investigation into his illegal activities, and we are grateful to the U.S. Attorney and our law enforcement partners for this successful outcome.”
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. Click here for more information about Project Guardian.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; Ashan M. Benedict, Special Agent in Charge of the ATF’s Washington Field Division; and Colonel Gary T. Settle, Superintendent of Virginia State Police, made the announcement after U.S. Magistrate Judge Lawrence R. Leonard accepted the plea. Assistant U.S. Attorney William B. Jackson is prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:20-cr-029.
Man Arrested and Charged in Connection with Fatal Fentanyl OverdoseRead the Press Release
ALEXANDRIA, Va. – A Reston man was arrested today on charges of selling fentanyl to an individual who later overdosed on the drug and died.
According to court documents, Peter Andrew Romm, 35, regularly traveled to Baltimore to buy capsules of heroin and fentanyl that he then sold to customers in Northern Virginia. Romm’s customers included an individual identified in court documents as Victim 1. On Oct. 7, 2019, Romm allegedly sold fentanyl to Victim 1 through a middle-man. Victim 1 later consumed the fentanyl and was found dead in his home the next morning. The Office of the Chief Medical Examiner determined that the cause of death was acute fentanyl poisoning.
As recently as February, Romm was still traveling to Baltimore regularly to buy fentanyl. On February 11, Romm was arrested on his way back from Baltimore in possession of approximately 75 capsules of fentanyl. Only eight days later, on February 19, he was arrested again on his way back from Baltimore with another 72 capsules of fentanyl in his vehicle.
Romm is charged with distribution of fentanyl resulting in serious bodily injury and death. If convicted, he faces a mandatory minimum of 20 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Colonel Edwin C. Roessler Jr., Fairfax County Chief of Police, made the announcement. Assistant U.S. Attorney Katherine E. Rumbaugh and Special Assistant U.S. Attorney Karolina Klyuchnikova are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-MJ-147.
A criminal complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Alexandria Man on FBI Most Wanted List Indicted on Terrorism ChargesRead the Press Release
A federal grand jury returned an indictment today charging an Alexandria man with conspiring and attempting to provide material support to al-Shabaab, a terrorist organization operating in Somalia.
According to court documents, Liban Haji Mohamed, 34, a Somali-born naturalized United States citizen, allegedly left the United States in July 2012 with the intent to join al-Shabaab in East Africa. Al-Shabaab is a Somali-based insurgent and terrorist group that has claimed responsibility for many bombings in Somalia and Uganda and is known to have recruited Westerners. According to court documents, Mohamed allegedly attempted to recruit an undercover agent to travel to Somalia to provide combat training to al-Shabaab fighters. Mohamed also allegedly planned to use his own media skills to improve al-Shabaab’s propaganda machine, which it has used to recruit Westerners. Mohamed was a close associate of convicted terrorist Zachary Chesser, who was sentenced to 25 years in prison for attempting to provide material support to al-Shabaab.
In July 2012, Interpol, the world’s largest international police organization, issued a red notice seeking Mohamed as a wanted fugitive. In January 2015, the FBI announced the addition of Mohamed to the “Most Wanted Terrorists” list, and is offering a reward of up to $50,000 for information leading to the arrest and conviction of Mohamed.
Mohamed is charged with conspiring and attempting to provide material support to a designated foreign terrorist organization. If convicted, he faces a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Individuals with information concerning Mohamed are asked to contact the FBI or the nearest American Embassy or Consulate. Tips can be submitted anonymously at https://tips.fbi.gov. Additional information regarding Mohamed, including a poster with his picture, and the FBI’s “Most Wanted Terrorists” list can be found at: http://www.fbi.gov/wanted/terrorists/fugitives.htm.
Assistant Attorney General for National Security John C. Demers, G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia, and Larissa L. Knapp, Special Agent in Charge of the FBI Washington Field Office's Counterterrorism Division, made the announcement. Assistant U.S. Attorneys James P. Gillis and John T. Gibbs, and Trial Attorney Rebecca A. Magnone for the National Security Division’s Counterterrorism Section are prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
Alexandria Man on FBI Most Wanted List Indicted on Terrorism ChargesRead the Press Release
ALEXANDRIA, Va. – A federal grand jury returned an indictment today charging an Alexandria man with conspiring and attempting to provide material support to al-Shabaab, a terrorist organization operating in Somalia.
According to court documents, Liban Haji Mohamed, 34, a Somali-born naturalized United States citizen, allegedly left the United States in July 2012 with the intent to join al-Shabaab in East Africa. Al-Shabaab is a Somali-based insurgent and terrorist group that has claimed responsibility for many bombings in Somalia and Uganda and is known to have recruited Westerners. According to court documents, Mohamed allegedly attempted to recruit an undercover agent to travel to Somalia to provide combat training to al-Shabaab fighters. Mohamed also allegedly planned to use his own media skills to improve al-Shabaab’s propaganda machine, which it has used to recruit Westerners. Mohamed was a close associate of convicted terrorist Zachary Chesser, who was sentenced to 25 years in prison for attempting to provide material support to al-Shabaab.
In July 2012, Interpol, the world’s largest international police organization, issued a red notice seeking Mohamed as a wanted fugitive. In January 2015, the FBI announced the addition of Mohamed to the “Most Wanted Terrorists” list, and is offering a reward of up to $50,000 for information leading to the arrest and conviction of Mohamed.
Mohamed is charged with conspiring and attempting to provide material support to a designated foreign terrorist organization. If convicted, he faces a maximum penalty of 30 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Individuals with information concerning Mohamed are asked to contact the FBI or the nearest American Embassy or Consulate. Tips can be submitted anonymously at https://tips.fbi.gov. Additional information regarding Mohamed, including a poster with his picture, and the FBI’s “Most Wanted Terrorists” list can be found at: https://www.fbi.gov/wanted/terrorism.
G. Zachary Terwilliger, U.S. Attorney for the Eastern District of Virginia; John C. Demers, Assistant Attorney General for National Security; and Larissa L. Knapp, Special Agent in Charge of the FBI Washington Field Office's Counterterrorism Division, made the announcement. Assistant U.S. Attorneys James P. Gillis and John T. Gibbs, and Trial Attorney Rebecca A. Magnone of the U.S. Department of Justice Counterterrorism Section are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:20-cr-115.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty.
U.S. Attorney and DOJ Civil Rights Provide Update on COVID-19 Related Religious Liberties CaseRead the Press Release
ALEXANDRIA, Va. – United States Attorney G. Zachary Terwilliger and Assistant Attorney General Eric S. Dreiband of the U.S. Department of Justice’s Civil Rights Division today announced an update on the status of the Department of Justice’s efforts to protect religious liberties during the COVID-19 pandemic by supporting a lawsuit brought in federal district court by Lighthouse Fellowship Church, a congregation in Chincoteague Island, Virginia that serves, among others, recovering drug addicts and former prostitutes.
On May 3, the Department of Justice filed a Statement of Interest supporting Lighthouse Fellowship Church’s emergency request for an injunction pending appeal of the district court’s ruling of May 1, which denied Lighthouse Fellowship Church’s emergency motion for a temporary restraining order and preliminary injunction. Yesterday, the district court denied the church’s request for an injunction pending appeal. Lighthouse Fellowship Church previously appealed to the U.S. Court of Appeals for the Fourth Circuit the district court’s denial of its emergency motion for a temporary restraining order and preliminary injunction. The Department of Justice is assessing its options with regard to participating in that appeal.
“Our First Amendment right to freely exercise religion does not disappear during a pandemic,” said Terwilliger. “Public safety is critical while COVID-19 remains with us, but we must also preserve our fundamental liberties.”
“The First Amendment to the United States Constitution protects the right of all people in our country to exercise their religion freely and without undue restrictions imposed by government,” said Dreiband. “As President Trump again reminded us earlier today, houses of worship are essential to people of faith, and those people include the recovering drug addicts and former prostitutes who allege that the Commonwealth of Virginia is unlawfully denying their ability to exercise right religion.”
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER.